Mohanan, J.
The petitioner herein moved an application, Ext.P3, on I.A. No.577/14 in O.P. No.293/14 before the Family Court, Thiruvananthapuram, with a prayer for mandatory injunction, directing the counter petitioner therein to surrender the Alto car bearing Regn. No.KL-21/B-3697 with original R.C. Book and key before the said court as mentioned in schedule No.C to the above petition and the present grievance of the petitioner, as highlighted by the learned counsel for the petitioner, is that though Ext.P3 was filed as early in November 2014, no orders have been passed by the court below. Therefore, it is prayed in the above original petition that an order may be passed directing the Family Court, Thiruvananthapuram, to dispose of Ext.P3 petition in O.P. No.293/14 within a time frame to be fixed by this Court.
2. Heard the learned counsel for the petitioner.
Considering the nature of the order which we are proposed to O.P(FC).591/14-R :2:
pass in the writ petition, we are of the view that notice to the respondent can be dispensed with.
3. The case of the petitioner is that she is the legally married wife of the respondent herein and the marriage was solemnised on 19/4/1994 and thereafter the marital relationship got strained. It is the further case of the petitioner that the petitioner herein had purchased an Alto car bearing Regn. No.KL-21/B-3697 in her name with financial assistance from the State Bank of Travancore, Kattakkada Branch. According to the petitioner, there was an understanding between herself and the respondent that the EMI amount would be paid by the respondent herein. But he had not complied with the said undertaking and thereby the loan became due and an amount of Rs.76,282/- was due, which was realised by the financial institution from the petitioner as per the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. So, according to the petitioner, she is entitled to have the possession and ownership of the above car and, thus, she preferred I.A. No. 577/14 - Ext.P3 - before the court below. In view of the fact that O.P(FC).591/14-R :3:
the above petition was filed in February 2014, it is only just and proper to direct the Family Court to take up Ext.P3 and to pass appropriate orders.
In the result, this original petition is disposed of directing the Family Court, Thiruvananthapuram, to take up Ext.P3 and, after hearing all the parties to the above I.A., pass appropriate orders, as expeditiously as possible, at any rate, within two months from the date of production of a copy of this judgment in the said court.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.