Mohanan, J.
The petitioner is the sole respondent in O.P.No.530/07 which was initially filed in the Family court, Kollam, at the instance of the respondent herein who is the wife of the petitioner for return of money, gold ornaments etc. The case of the petitioner is that he was set ex-parte on 30.3.2009. As there was delay in filing the petition to set aside the ex-parte order, the petitioner has also filed another petition to condone the delay of 1878 days that occurred in filing the petition to set aside the ex- parte order. Ext.P3 is the petition filed with the prayer to set aside the ex-parte order and Ext.P4 is the petition to condone the delay.
2. It is the further case of the petitioner that the Family court at Kollam has subsequently passed Ext.P2 order and decree was also passed on the same day. Now, the execution petition on the basis of the above decree is pending before the newly established Family court at Chavara. Ext.P7 is the Execution petition. Thus, the present grievance of the petitioner is that though he had approached the court below by filing Exts.P3 and P4 applications to set aside the ex-parte order, the court has not considered the same, but the proceedings are going on in Ext.P7 execution proceedings and if the same is allowed to continue, he will be put to irreparable injury and hardship. Therefore, praying interalia to issue appropriate direction to the Family court, Chavara, to dispose of Exts.P3 and P4 applications preferred in O.P.No.530/07, the present petition is filed under Article 227 of the Constitution of India.
3. We heard Adv.Sri.B.Krishna Mani, the learned counsel appearing for the petitioner.
4. Having regard to the facts and circumstances involved in the case and especially when Exts.P3 and P4 petitions are pending before the court below, we are of the view that this O.P. can be disposed of directing the court below to consider Exts.P3 and P4 and pass appropriate orders on merit. While Exts.P3 and P4 are pending for consideration, it is only just and proper to direct the Family court, Chavara, to defer the confirmation of sale till the disposal of Exts.P3 and P4.
In the result, this O.P. is disposed of with the following directions.
“1. The Family court, Kollam, is directed to transfer the entire case records in O.P.No.530/07 forthwith, if the same are retained there, to the Family court, Chavara.
2. The Family court, Chavara, is directed to take up Exts.P3 and P4 petitions and consider the same on merits in accordance with law and procedure and to pass appropriate orders thereon as expeditiously as possible.
3. The Family court, Chavara, is directed to defer the confirmation of sale in Ext.P7 execution proceedings, till the disposal of Exts.P3 and P4 petitions.”
O.P. is disposed of accordingly.
Sd/-
V.K.MOHANAN, Judge ami/ Sd/-
A.HARIPRASAD, Judge //True copy// P.A. to Judge