This writ petition under Article 226 sought to direct the Family Court to expeditiously dispose of an interim application regarding attachment of properties. The High Court directed disposal within one month with proper notice.
Directed the Family Court, Ernakulam to consider and pass appropriate orders on I.A. No.2036/2016 within one month.
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 C.K.ABDUL REHIM
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
THURSDAY ,THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940
OP (FC).No. 622 of 2018
ARISING FROM IA No.2036/2016 IN OP 740/2016 of FAMILY COURT, ERNAKULAM
PETITIONERS/RESPONDENTS:
1 T.J ANTONY @ SONY AGED 44 YEARS, S/O T.A.JOHN THACHUTHARA HOUSE, B.T.S.ROAD, EDAPALLY.
2 JOHN T A, S/O.ANTONY, THACHUTHARA HOUSE B.T.S.ROAD, EDAPALLY, KOCHI-682024.
3 RANI @ THRESSIA, W/O.T A JOHN, THACHUTHARA HOUSE B.T.S.ROAD, EDAPALLY, KOCHI-682024.
BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA
RESPONDENT/PETITIONER:
ASHA SONY @ ASHA ANTONY AGED 40 YEARS, W/O SONY, ANTONY VILLA,THALAPPANA, MIDIYAKUNNU P.O, KOTTAYAM-686605.
THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 15.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP (FC) No.622/2018
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C.K. ABDUL REHIM, J. & T.V. ANILKUMAR, J.
O.P. (FC) No. 622 OF 2018
DATED THIS THE 15th DAY OF NOVEMBER, 2018
J U D G M E N T
Abdul Rehim, J:
Limited relief sought for in this original petition, which is instituted under Article 227 of the Constitution of India, is to direct the Family Court, Ernakulam to dispose of I.A. No.2036/2016 in O.P. No.740/2016, expeditiously. In view of the relief proposed through this judgment, we think it not necessary to issue notice to the respondent.
OP (FC) No.622/2018
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premise that the properties covered under C-schedule is more than enough to secure the claim made by the respondent in the original petition. Grievance of the petitioners is that, despite filing of I.A. No.2036/2016 as early as in January 2016, the court below is not considering and disposing it.
Hence, the above original petition is hereby disposed of by directing the Family Court, Ernakulam to consider and pass appropriate orders on I.A. No.2036/2016 in O.P. No.740/2016, with due notice and opportunity afforded to both sides, at the earliest possible, at any rate, within a period of one month from the date of production of a copy of this judgment.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
T.V.ANILKUMAR
JUDGE
AMG
OP (FC) No.622/2018 -4-
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 THE TRUE COPY OF COURT, ERNAKULAM. |
THE OP NO.740/16 BEFORE THE FAMILY |
|---|---|---|
| EXHIBIT | P2 THE TRUE COPY OF COURT, ERNAKULAM. |
THE I.A.NO.1267/16 BEFORE THE FAMILY . |
| EXHIBIT | P3 THE TRUE COPY OF PROPERTY. |
THE ATTACHMENT ORDER IN 77 CENTS OF |
| EXHIBIT | P4 THE TRUE COPY OF OF PROPERTY WITH |
THE ATTACHMENT ORDER IN 20.706 CENTS RESIDENTIAL BUILDING. |
| EXHIBIT | P5 THE TRUE COPY O FAMILY COURT, ERN |
F THE I.A.NO.2036/2016 BEFORE THE AKULAM.. |
| EXHIBIT | P6 THE TRUE COPY DATED 23-05-2016. |
OF THE VALUATION CERTIFICATE |
RESPONDENTS' EXHIBITS
NIL
AMG
2 issues framed by the court
Whether the High Court should direct the Family Court to expeditiously dispose of an application for lifting part of a conditional attachment order.
Whether a direction for disposal within a fixed time frame is necessary to achieve the interest of justice in this matter.
T.J ANTONY @ SONY
JOHN T A
RANI @ THRESSIA
ASHA SONY @ ASHA ANTONY
C.K.ABDUL REHIM
T.V.ANILKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
