Mohanan, J. The Judgment Debtor in E.P.No.16/2012 arising out of O.P.No.849/2008, is the petitioner herein and his prayer is to set aside Ext.P1 order dated 11/3/2013 in the above E.P. by which the learned Judge of the Family Court set the petitioner ex parte and issued an arrest warrant against him.
2. We heard learned counsel for the petitioner.
3. The prayer in the O.P.No.849/2008, in which the petitioner is the respondent, is for a decree of return of gold ornaments which was decreed directing the petitioner herein to return 15 sovereigns of gold O.P. (FC) No. 527 of 2014 -: 2 :-
ornaments or its present market value and `20,000/- within a period of one month from the date of the order. It is the above decree that which sought to be executed by filing the above E.P.
4. In this juncture, it is relevant to note that, challenging the above decree, the very same petitioner has filed Mat. Appeal No.177/2012 before this Court, which has been already admitted and this Court, while granting interim stay, directed the petitioner to furnish security for the decree amount to the satisfaction of the Family Court within a period of one month. The said order was passed on 13/6/2012. Subsequently, by another order dated 11/4/2013, this Court extended the time to comply with the above direction. Ext. P1 itself shows that the petitioner herein failed to comply with the conditions stipulated by this Court while granting stay against the execution of the decree. Without complying the order already passed by this Court in the appeal preferred by the petitioner, the petitioner now approached this Court O.P. (FC) No. 527 of 2014 -: 3 :-
with the above prayer. It is highly improper. Thus, we do not find any illegality in executing Ext.P1 order, especially when the petitioner failed to appear before the court below and particularly when he failed to comply with the conditions imposed by this Court while passing the stay order in the appeal referred above.
In the result, we find no merit in this petition and accordingly this O.P. (FC) is stand dismissed.
Sd/-
(V.K. MOHANAN, JUDGE) Sd/-
(K. HARILAL, JUDGE) Nan/ //true copy// P.S. to Judge