Dismissed

Suimol.K. v. Rajesh G.S.

Kerala HC28 May 2012OP (FC)/1170/2012

Case brief

AI extract

What is this about?

In an appeal regarding the Family Court's order allowing joint trial of four civil cases involving common parties, the High Court dismissed the appeal. The Court held that while the order was cryptic, granting joint trial to suit convenience and avoid conflicting decisions was just and reasonable.

What did the court decide?

The Original Petition (FC) is dismissed, leaving the lower court's order allowing joint trial in force.

Suimol.K. Vs Rajesh G.S. — Civil Procedure and Limitation | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.T.SANKARAN

¶4

¶5

THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS

¶6

MONDAY, THE 28TH DAY OF MAY 2012/7TH JYAISHTA 1934

¶7

OP (FC).No. 1170 of 2012 (R)

¶8

IA.NO.176/2012 IN OP.310/2007 OF FAMILY COURT, KOTTARAKKARA

¶9

PETITIONER:

¶10

SUIMOL.K., AGED 29 YEARS D/O.SANAL KUNARI, SUI SADANAM, VILAKKUPARA P.O., KOLLAM DIST PIN-691312

¶11

BY ADVS.SRI.JOHNSON GOMEZ

¶12

SRI.S.BIJU (KIZHAKKANELA)

¶13

RESPONDENTS:

¶14

RAJESH G.S., AGED 36 YEARS S/O.G.SURESH, SOORAJ NIVAS, MAYANAD P.O. KOLLAM TALUK

¶15

SURESH G, AGED 68 YEARS SOORAJ NIVAS, MAYANAD P.O., KOLLAM TALUK

¶16

RADHA, AGED 63 YEARS, W/O.G.SURESH, SOORAJ NIVAS, MAYANAD P.O., KOLLAM TALUK

¶17

BY ADV. SRI.B.MOHANLAL BY ADV. SMT.P.S.PREETHA BY ADV. SRI.SAIJU S. BY ADV. SRI.T.PRASAD

¶18

THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 28-05-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.

¶20

O.P.(F.C.) NO. 1170 OF 2012 R

¶21

Dated this the 28^th day of May, 2012

¶22

JUDGMENT

¶23

K.T.Sankaran, J.

¶24

The Family Court, Kottarakkara allowed I.A.No.176 of 2012 in O.P.No.310 of 2007 and granted the prayer for joint trial of O.P.Nos.310 of 2007, 968 of 2010, 656 of 2011 and O.P.(G&W) No.138 of 2011. The application for joint trial was filed by the respondent/husband. The petitioner/wife opposed the prayer for joint trial. Aggrieved by the order passed by the Family Court, the wife has come up in appeal.

¶25

The learned counsel appearing for both parties submitted the following facts: O.P.No.310 of 2007 was filed by the wife against the husband and his relatives for recovery of money. O.P.No.968 of 2010 was filed by the husband against the wife claiming certain amounts. O.P.(G&W) No.138 of 2011 was filed by the husband for custody of the child. O.P.No.656 of 2011 was filed by the husband against the wife.

¶26

O.P.(F.C.) NO. 1170 OF 2012 R

¶27

:: 2 ::

¶28

The parties are common. The evidence to be adduced and the documents to be produced in the four cases may be the same. To suit the convenience of parties and to avoid conflicting decisions being rendered, it would be ideal if the four cases are tried together. The court below allowed the joint trial of the four cases. It is true that the court below has passed a cryptic order without showing any reason. Normally, such an order is liable to be set aside. But, we are not inclined to set aside the order, since the prayer granted by the court below is just and reasonable. The Family Court shall dispose of the above mentioned four cases as expeditiously as possible.

¶29

Learned counsel appearing for the first respondent/husband submitted that the first respondent would co-operate with the trial of the case and no request for adjournment would be made except on sufficient reasons beyond his control.

¶30

The Original Petition (F.C.) is, accordingly, dismissed.

¶31

(K.T.SANKARAN) Judge

¶32

(M.L.JOSEPH FRANCIS) Judge

¶33

ahz/

Suimol.K. v. Rajesh G.S.

Case brief

What is this about?

What did the court decide?

Suimol.K. v. Rajesh G.S.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Prakasan Vs Raji

Sivankutty Vs State of Kerala

Soumya Janardanan Vs State of Kerala

Mohammed Safeque Vs Sulekha

Philip Joseph Vs Solomon

Rajeesh.G.S. Vs Suimol.K.