Dismissed
Bakker K.K. v. Remya Gopi
Kerala HCOP (FC)/85/2023
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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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 ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944
OP (FC) NO.85OF 2023
OP NO. 2575/2020 OF FAMILY COURT, ERNAKULAM
PETITIONERS:
1 BAKKER K.K., AGED 48 YEARS, S/O. KAAYI, KUREEKODU VEETIL, OLIKKUZHY ROAD, KAKKANAD P.O., ERNAKULAM, PIN: 682 030., PIN - 6820302A.K. AMEER, AGED 49 YEARS
S/O. KOCHUMUHAMMED, AGAMPURATH HOUSE, KAKKANAD
P.O., ERNAKULAM, PIN: 682 030., PIN - 682030
BY ADVS.K.R.VINOD
M.S.LETHA
NABIL KHADER
CHITHRA C.EDADAN
RESPONDENTS:
1 REMYA GOPI, AGED 34 YEARS D/O. T.K. GOPI, THAZHUPARAMBIL HOUSE, KANJIRAMATTOM P.O., PIN: 682 315.2 AMAL KUMAR M.V., AGED 34 YEARS S/O. M.P. VELAYUDHAN, 2/563, MANGARATHU HOUSE, IRUMBANAM P.O., PIN: 682 309.3 VELAYUDHAN, AGED 60 YEARS S/O. PENGAN, 2/563, MANGARATHU HOUSE, IRUMBANAM P.O., PIN: 682 309.THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOW-
ING:
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O.P.(FC) No.85 of 2023
J U D G M E N T
Anil K.Narendran, J.
The petitioners, who have filed I.A.No.7680 of 2022 in I.A.No.5389 of 2020 in O.P.No.2575 of 2020 before the Family Court, Ernakulam, a claim petition filed under Order XXI Rule 58 of the Code of Civil Procedure, 1908 to lift the order of attachment dated 18.02.2022 on the properties referred to in that claim petition, are before this Court in this original petition filed under Article 227 of the Constitution of India, seeking an order directing the Family Court, Ernakulam to adjudicate and dispose of Ext.P1 claim petition, i.e., I.A.No.7680 of 2022, within a time frame, preferably on or before 23.02.2023 in the interest of justice.
“2. When an original petition is filed invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution
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O.P.(FC) No.85 of 2023
of India challenging an order passed by the Family Court on an interlocutory application, a copy of the original petition and the said interlocutory application along with copy of the counter, if any, filed in that original petition and interlocutory application shall be produced as exhibits before this Court.”
Ext.P3.
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O.P.(FC) No.85 of 2023
petitioner filed I.A.No.5 of 2023 (Ext.P2). In paragraph 3 of the statement of facts the petitioners have stated that the Family Court dismissed I.A.No.5 of 2023, by an order dated 08.02.2023. Without challenging that order of the Family Court, the petitioners have filed this O.P.(FC) seeking disposal of I.A.No.7680 of 2022, the claim petition filed under Order XXI Rule 58 of the Code of Civil Procedure, within a time frame, preferably on or before 23.02.2023.
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O.P.(FC) No.85 of 2023
In case, the petitioners make an application for certified copy the order dated 08.02.2023 in I.A.No.5 of 2023 in O.P.No.2575 of 2020, the Family Court shall issue the same within two days.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
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O.P.(FC) No.85 of 2023
APPENDIX OF OP (FC) 85/2023
PETITIONER EXHIBITS
Exhibit P1THE COPY OF I.A.NO.7680/2022 FILED BY
THE PETITIONERS UNDER ORDER XXI RULE 58
OF THE CODE OF CIVIL PROCEDURE
Exhibit P2THE COPY OF I.A.NO.5/2023 FILED BY THE
PETITIONER BEFORE THE FAMILY COURT, ER-
NAKULAM,
Exhibit P3THE COPY OF O.P.NO.2575/2020 FILED BY
THE 1 ST RESPONDENT HERRIN BEFORE THE
HO'BLE FAMILY COURT ERNAKULAM DATED
30.12.2020
1 issue framed by the court
Whether the High Court can exercise supervisory jurisdiction under Article 227 to direct time-bound disposal of an application when the applicant did not challenge the Family Court order rejecting the
1 provisions across 1 enactments
BAKKER K.K.
A.K. AMEER
REMYA GOPI
AMAL KUMAR M.V.
VELAYUDHAN
ANIL K.NANDREAN
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court