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Judgment
K.M. Joseph, J.—Prayers in the Original Petition are as follows:
A. Call for the records relating to E.A. No. 18/12 and E.A. No. 19/12 in E.P. No. 2/2010 in O.P. No. 1173/08 of Family Court, Nedumangad.
B. Issue direction to the Family Court, Nedumangad to dispose of E.A. No. 18/12 and E.A. No. 19/12 in E.P. No. 2/2010 in O.P. No. 1173/08 at the earliest or within a time frame fixed by this Honourable Court by exercising the powers of Superintendence under Article 227 of the Constitution of India.
C. Issue direction to the Family Court, Nedumangad to dispose of E.A. No. 18/12 and E.A. No. 19/12 in E.P. No. 2/2010 in O.P. No. 1173/08 before proceeding with E.P. No. 2/2010 in O.P. No. 1173/08 further.
Briefly put, the case of the petitioner is as follows:
Petitioner is not a party to O.P. No. 1173/2008 on the file of the Family Court, Nedumangad. The said OP was filed for return of gold ornaments and money by respondents 1 and 2. The third respondent herein was the only respondent. Third respondent did not contest the matter. Petitioner''s case is that there was collusion. The property of the petitioner was attached and sold without giving notice to the petitioner. On getting information of the attachment and sale of the property, the petitioner filed E.A. Nos. 18/2012 and 19/2012 for staying the proceedings in the Execution Petition. But, the matter was adjourned without considering the applications. Hence the petitioner prays for time bound disposal and stay of further proceedings.
A Report was called for from the Family Court which is extracted hereunder:
"As directed, contacted the Family Court, Nedumangad. The Sheristadar, after verification, informed that sale ordered in E.P. No. 2/2010 in O.P. No. 1173/08 was confirmed on 1.2.2012. The Sheristadar further informed that notice has been ordered in I.A. No. 134/11 filed for setting aside the ex parte decree. In that IA, notice has been ordered and it is posted to 20.3.2012. E.A. Nos. 18/12 and 19/12 have been posted to 21.2.2012 with direction to put up records. Notice has not yet been ordered in those E.As.
We heard the learned counsel for the petitioner to whom we made available the Report also. We leave open the remedies of the petitioner. We also leave open to the petitioner to pursue the Execution Applications and to canvass her contentions. It is for the court below to take a decision on the Execution Applications in accordance with law.
The Original Petition is disposed of as above.