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Syamaprasad

High Court Of Kerala|17 December, 2014
|

JUDGMENT / ORDER

Mohanan, J.
The petitioner herein originally moved O.S. No.55/12 before the Sub Court, Kollam, with a prayer to fix the southern boundary of A schedule property mentioned in the plaint and also for recovery of possession of C schedule property. During the pendency of the above suit, according to the petitioner, the Sub Court, Kollam granted Ext.P2 injunction order. While so, on establishment of the Family Court at Kollam the said suit was transferred to the Family Court wherein it is re-numbered as O.P.No.1361/13. The grievance of the petitioner now projected is that though Exts.P5, P6 and P7 I.As are pending in the Family Court. No order has been passed in spite of the fact that the petitioner has obtained Ext.P2 order when the suit was pending in the Sub Court. Therefore, in the original petition it is claimed to issue a direction to the Family Court, Kollam to dispose I.A. Nos.532/14, 3070/14 and 3069/14 in O.P. No.1361/13 on the files of the said court as expeditiously as possible, within a time frame to be fixed by this Court.
O.P(FC).595/14 :2:
2. Heard the counsel for the petitioner. Considering the nature of the order which we are proposed to pass, notice to the respondents are dispensed with.
3. Having regard to the facts and circumstances involved in this case, as discernible from the facts referred above, the petitioner originally approached the Sub Court during the year 2012 and the learned Judge of the Sub Court had granted an injunction order as evidenced by Ext.P2. It is thereafter Exts.P5, P6 and P7 I.As are filed in the Family Court, when the said suit is transferred and which is re-numbered as 1361/13. Under the above circumstances, we find no reason to reject the request of the petitioner.
4. Accordingly, this original petition is disposed of directing the learned Judge of the Family Court, Kollam to take up I.A. Nos.532/14, 3070/14 and 3069/14 in O.P. No.1361/13 and to pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of 45 days from the date of producing the certified copy of this judgment.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.
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Title

Syamaprasad

Court

High Court Of Kerala

JudgmentDate
17 December, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • V V Raja Sri
  • M T Sureshkumar