Mohanan, J.
The respondent in CMP No.27/14 in M.C.No.328/12 on the file of the Family court, Nedumangad, which is an application filed by the respondents herein for execution of the order dated 1.6.2013 in M.C.No.328/12, is the petitioner herein.
2. The grievance of the petitioner is that the above order in M.C. was passed by the Family court without hearing him and it is an ex parte order. It is also the case of the petitioner that though he had approached the very same court by filing Exts.P3 and P4 petitions to set aside the ex parte order after condoning the delay, no orders are passed thereon and the same are pending for consideration and in the meanwhile, the court below issued non-bailable warrant against him on 18.8.2014 and the case stands posted to 19.11.2014 for return of the warrant after due execution.
3. Heard the learned counsel for the petitioner.
4. We have perused the materials produced along with the original petition.
5. The learned counsel for the petitioner submitted that the petitioner has already paid Rs.10,000/- as evidenced by Exts.P5 and P6 and though Exts.P3 and P4 petitions are pending, the court below is proceeding with the execution petition and if the same is allowed to continue, the application filed by the petitioner to set aside the ex parte order will become infructuous. Therefore, according to the counsel, it is only just and proper to issue a direction to the court below to defer all further proceedings in the execution petition.
6. Having regard to the facts and circumstances involved in the case, it appears that the respondents herein approached the court below claiming maintenance during the year 2012 and so far no money is paid, except a sum of Rs.10,000/- as evidenced by Exts.P5 and P6. It is equally important to note that the petitioner had already filed Exts.P3 and P4 with a prayer to set aside the ex parte order and to condone the delay that occurred in filing Ext.P3 petition. According to the petitioner, no orders are passed thereon and the same are pending consideration. If that be so, according to us, while the above petitions are pending before the court below, it is not proper for the court below to proceed with the execution of the order that sought to be set aside by filing Exts.P3 and P4 petitions, otherwise such petitions will become infructuous. So, we are inclined to dispose this original petition directing the court below to take up Exts.P3 and P4 petitions and pass appropriate orders and till then to defer the proceedings in CMP No.27/14, however subject to conditions.
In the result, this original petition is disposed of directing the Family court, Nedumangad, to defer all the proceedings in CMP No.27/14 till the disposal of Exts.P3 and P4 petitions, on condition the petitioner depositing a sum of Rs.25,000/- within 3 weeks from today and the court below is directed to dispose Exts.P3 and P4 petitions as expeditiously as possible @ within a period of 45 days from the date of production of this order before the said court. Execution of arrest warrant, if any, shall be kept in abeyance for the above period.
Sd/-
V.K.MOHANAN, Judge.
ami/ Sd/-
P.B.SURESH KUMAR, Judge.
//True copy// P.A.to Judge