V.K.Mohanan, J.
Petitioners herein are the respondents in O.P No.1225/2007 of the Family Court, Nedumangad filed at the instance of the wife of the first petitioner with a prayer for recovery of gold ornaments or its value, household articles and for divorce under Section 7 of the Family Courts Act. The above original petition is disposed of by the Family Court, Nedumangad as per judgment dated 24-05-2012. Aggrieved by the above judgment, the petitioners herein are proposed to file an appeal.
2. Accordingly, they have applied for the judgment and decree of the court below and on getting the same, they realized that the date of marriage between the first petitioner and the respondent herein is shown mistakenly as 16-04-2008, instead of the correct date of marriage, i.e. on 16-04-2006. Immediately O.P (F.C) No.307 of 2014 2 thereafter, according to the petitioners, they have moved Ext.P3, i.e., I.A No.2693/2013 in O.P No.1225/2013 of the Family Court, Nedumangad under Section 152 of C.P.C with a prayer to amend the judgment dated 24-05-2012 and to correct the mistake crept in mentioning the exact date of marriage. It is the further case of the petitioner that when the Family Court, Attingal was established the case was transferred to that court and now the execution proceedings is initiated in the said court. According to the petitioners, unless the judgment is corrected properly, they are not in a position to file an appeal before this court. Therefore, it is prayed that the Family Court, Nedumangad may be directed to pass order on Ext.P3 petition within a time limit.
3. We heard Sri.M.Balagovindan, learned counsel for the petitioners and we have perused the documents produced along with this petition.
4. Having regard to the facts and circumstances of the O.P (F.C) No.307 of 2014 3 case, we are of the view that this petition itself can be disposed of directing the Family Court, Nedumangad to consider Ext.P3 petition and to pass appropriate orders thereon.
In the result, this petition is disposed of directing the Family Court, Nedumangad to consider Ext.P3 petition in I.A No.2693/2013 in O.P No.1225/2007 and to pass appropriate orders thereon within a period of 45 days from the date of receipt of a copy of this judgment. In the meantime, the Family Court, Attingal is directed not to confirm the sale in E.P No.13/2013 in O.P No.1225/2007 for a period of 45 days.
With the above directions, this original petition is disposed of.
Sd/- V.K.MOHANAN, JUDGE.
Sd/- A.HARIPRASAD, amk JUDGE.