The High Court of Kerala disposed of an original petition seeking a certified copy of a Family Court order and staying proceedings. The court held that since the copy was ready per the Family Court report, the request for issuance was infructuous and refused to grant the stay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN &
THE HONOURABLE MR.JUSTICE M.L.JOSEPH FRANCIS
WEDNESDAY, THE 13TH DAY OF JUNE 2012/23RD JYAISHTA 1934
OP (FC).No. 1798 of 2012 (R)
E.A.NO.51/2012 IN EP.NO.6/2008 IN OP.1136/2006 OF FAMILY COURT,ERNAKULAM
PETITIONER(S)/1ST CLAIMANT:
SUDHANI, AGED 28 YEARS
AGED 28 YEARS, S/O.LATE KOCHU BAVA,
KANJIYATH HOUSE
KAMMATTIPADAV, COCHIN - 20.
BY ADV. SRI.P.J.JOSEPH PANIKKASSERY
RESPONDENT(S)/RESPONDENTS :CLAIMANTS 2 TO 5
THUNDIPPARAMBIL HOUSE, KUMBALAM P.O., KOCHI 682506.
D/O.KOCHU BAVA, KANJIYATH HOUSE KAMMATTIPADAV, COCHIN 20.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 13-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(F.C) 1798/2012
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1: COPY OF THE SALE DEED DATED 26.4.1978. EXT.P2: COPY OF THE DEATH CERTIFICATE OF KOCHU BAVA DATED 3.5.1995.
EXT.P3: COPY OF E.A.NO.51/2012 IN E.P.NO.6/2008 IN O.P.NO.1136/2006 PENDING BEFORE THE FAMILY COURT, ERNAKULAM.
RESPONDENTS' EXHIBITS :
NIL
//TRUE COPY//
P.A. TO JUDGE
K.T.SANKARAN & M.L.JOSEPH FRANCIS, JJ.
O.P.(F.C) No.1798 of 2012
Dated this the 13th day of June, 2012
JUDGMENT
K.T.Sankaran, J.
The grievance of the petitioner is that she did not get certified copy of the order in E.A.No.51 of 2012 in E.P.No.6 of 2008 in O.P.No.1136 of 2006 on the file of the Family Court, Ernakulam. The reliefs prayed for are the following :
O.P.(F.C) No.1798/2012
2
fit and proper to grant in the facts and circumstances of the case.”
The Original Petition (Family Court) is accordingly
disposed of.
K.T.SANKARAN JUDGE
M.L.JOSEPH FRANCIS
csl
1 issue framed by the court
Whether the petitioner is entitled to a certified copy of an order when the copy application is already pending and the report says it is ready.
Sudhani
Shalini.M.P.
Sunil Kumar K.K.
Ammini
Rini
Mini
K.T.Sankaran
M.L.Joseph Francis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
