Reji Vs. Abdul Rasheed

Reji vs Abdul Rasheed

Type Court Judgment Court Kerala Decided Jan 30, 2013

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https://sooperkanoon.com/case/1015330

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Citation: sooperkanoon.com/1015330
Court: Kerala High Court
Judge: Honourable Mr.Justice Pius C.Kuriakose
Decided On: Jan 30, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Reji

Respondent

Abdul Rasheed

Excerpt

.....and the petitioners in i.a. no.3103/2012 in i.a. no.2596/2012 in o.p. no.1294/2012 on the file of the family court, thrissur, seek a direction to the family court for an early disposal of those two i.as, we directed the registrar (judicial) to contact the family court immediately and file a report as to when at the earliest the learned judge of the family court will be able to dispose of the i.as. accordingly, the registrar (judicial) has submitted following report : "as directed, contacted the judge, family court, thrissur. the learned judge after verification, informed that in i.a. no.2596/2012, there are 5 respondents and 4th and 5th respondents have filed counter statement. respondents 1 to 3 are yet to file counter statement. i.a.no.3103/2012 is filed by respondents 4 and 5 in i.a.no.2596/2012 (who are the claim petitioners). the learned judge has been holding conciliation talks among the parties. both the i.a. are posted to 5/2/2013 and there is a likelihood of settlement. according to the learned judge, the o.p.(fc) no. 354 /2013 2 two i.as can be disposed of within two weeks from the date of filing counter statement by respondents 1 to 3 in i.a.no.2596/2012." 2. having gone through the report and having considered the submissions of sri.rajit learned counsel for the petitioners, we are of the view that this original petition can be straight away disposed of issuing the following directions: if the two i.as are not settled between the parties on 5/2/2013 as expected by the family court, the learned presiding officer of that court will dispose of the two i.as if the contesting respondents in the above i.as have filed counter, within two weeks of 5/2/2013. if in any one i.a counter is yet to be filed, the learned presiding officer will pass peremptory orders and ensure that counter is filed shortly. at any rate, it should be ensured that two i.as are disposed of at the earliest. sd/- pius c.kuriakose, judge sd/- p.d.rajan judge. dpk o.p.(fc) no......

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE P.D.RAJAN WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 OP (FC).No. 354 of 2013 (R) --------------------------- AGAINST THE ORDER/JUDGMENT IN OP.1294/2012 of FAMILY COURT,THRISSUR PETITIONER(S)/PETITIONERS/RESPONDENTS 4 AND 5.-------------------------------------------- 1. REJI, AGED 3 YEARS S/O RAVEENDRN,PLAVALAPIL HOUSE,PARAYAKKAD DESOM ELAVALLY VILLAGE,ELAVALLY P.O.,CHAVAKKAD THALUK THRISSUR DISTRICT.

2. SHAJU, AGED 3 YEARS S/O PUZHANGARA ILLATHU ABU,MIJU NIVS CHAKKAMKANDAM PALUVAI DESOM,CHAVAKKAD AMSOM CHAVAKKAD THALUK,THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S)/RESPONDENS/PETITIONER: -------------------------------------- 1. ABDUL RASHEED,, AGED 4 YEARS S/O LAE R.V. ABDUL KHADER,RAYAMMARAKKAR HOUSE VDOOKKARA P.O. DESOM,KOORKKANCHERRY VILLAGE THRISSUR TALUK.

2. SOPHY RASHEED,, AGED 3 YEARS D/O N.K. IBRAHIM,NALAKATH KUTTIKKATTIL HOUSE HOUSE NO.27,GREENPARK,THIRUVAMBADY P.O. DESOM,THRISSUR VILLAGE,THRISSUR TALUK.

3. MYMOONA IBRAHIM,, AGED 5 YEARS W/O N.K. IBRAHIM,NALAKATH KUTTIKKATTIL HOUSE PANCHARAMUKKU DESOM,CHAKKAMKANDAM P.O. CHAVAKKAD AMSOM,CHAVAKKAD TALUK.

4. RAJA, S/O SURESH,PATTATH HOUSE,AYYANHOLE DESOM AYYANTHOLE (P.O),VILLAGE,THRISSUR TALUK. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 30-01- 2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE DOCUMENT BEARING NO.574/IX/2012 DATED 9 3.2012. EXHIBIT P2: TRUE COPY OF THE APPLICATION IA 2596/2012 IN OP 1294/2012 FILED BY THE 1.RESPONDENT BEFORE THE FAMILY COURT, THRISSUR. EXHIBIT P3: TRUE COPY OF THE INJUNCTION ORDER DATED 9 7.2012 IN IA 2596/2012. EXHIBIT P4: TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXT.P2 APPLICATION. EXHIBIT P5: TRUE COPY OF THE APPLICATION INIA 3103 2012 IN I 2596/2012 IN OP 1294/2012 BEFORE THE FMILY COURT, THRISSUR. EXHIBIT P6: TRUE COPY OF THE OBJECTION FILED BY THE 1ST RESPONDENT TO EXT.P5 APPLICATION. RESPONDENTS' EXHIBITS NIL PIUS C.KURIAKOSE & P.D.RAJAN JJ.

------------------------ O.P.(FC) . NO. 354 OF 201.------------------------ Dated this the 30th day of January, 2013 JUDGMENT Pius C.Kuriakose,J On considering this original petition, wherein the petitioners who are the respondents in I.A. No.2596/2012 and the petitioners in I.A. No.3103/2012 in I.A. No.2596/2012 in O.P. No.1294/2012 on the file of the Family Court, Thrissur, seek a direction to the Family Court for an early disposal of those two I.As, we directed the Registrar (Judicial) to contact the Family Court immediately and file a report as to when at the earliest the learned Judge of the Family Court will be able to dispose of the I.As. Accordingly, the Registrar (Judicial) has submitted following report : "As directed, contacted the Judge, Family Court, Thrissur. The learned Judge after verification, informed that in I.A. No.2596/2012, there are 5 respondents and 4th and 5th respondents have filed counter statement. Respondents 1 to 3 are yet to file counter statement. I.A.No.3103/2012 is filed by respondents 4 and 5 in I.A.No.2596/2012 (who are the claim petitioners). The learned Judge has been holding conciliation talks among the parties. Both the I.A. are posted to 5/2/2013 and there is a likelihood of settlement. According to the learned Judge, the O.P.(FC) No. 354 /2013 2 two I.As can be disposed of within two weeks from the date of filing counter statement by respondents 1 to 3 in I.A.No.2596/2012." 2. Having gone through the report and having considered the submissions of Sri.Rajit learned counsel for the petitioners, we are of the view that this original petition can be straight away disposed of issuing the following directions: If the two I.As are not settled between the parties on 5/2/2013 as expected by the Family Court, the learned Presiding Officer of that court will dispose of the two I.As if the contesting respondents in the above I.As have filed counter, within two weeks of 5/2/2013. If in any one I.A counter is yet to be filed, the learned Presiding Officer will pass peremptory orders and ensure that counter is filed shortly. At any rate, it should be ensured that two I.As are disposed of at the earliest. Sd/- PIUS C.KURIAKOSE, JUDGE Sd/- P.D.RAJAN JUDGE. dpk O.P.(FC) No. 354 /2013 3

Same Court & Year Kerala · 2013 Same Parties Reji vs Abdul Rasheed Same Subject Education Same Judge Honourable Mr.Justice Pius C.Kuriakose