Leeban Antony a. vs Stephy D.

Type Court Judgment Court Kerala Decided Jan 30, 2023

~3 min read

https://sooperkanoon.com/case/1331704

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1331704
Court: Kerala High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice P.G. Ajithkumar
Decided On: Jan 30, 2023
Case Number: OP (FC)/45/2023

Parties & Advocates

Appellant / Petitioner

Leeban Antony a.

Respondent

Stephy D.

Excerpt

.....the petitioner is a petty officer in command 1w office, southern naval command, kochi. he is due to retire on 31.01.2023. the grievance of the 1 st petitioner is that as per the order in i.a.no.1 of 2022 in o.p.no.3060 of 2022, immovable property was already attached and therefore it was quite unnecessary for ordering such an injunction. he therefore seeks to set aside the said order.6. as per ext.p3, notice was ordered to be served onthe petitioners and in the meantime an exparte order of interim injunction was granted. order xxxix, rule 3a of of the code of civil procedure, 1908 obliges a court which granted an exparte order of injunction to dispose of the petition for injunction within 30 days. here, the petitioners received notice. the learned counsel appearing for the petitioners would submit that they are yet to file objection to i.a.no.2 of 2022. once they file objection, the family court will definitely hear the matter and dispose of i.a.no.2 of 2022 without any delay.7. in such circumstances, no further orders isnecessary in this original petition, except directing the family court, thiruvananthapuram to dispose of i.a.no.2 of 2022 in o.p.no.3060 of 2022 within two weeks from the date of filing of objection by the petitioners. the original petition is disposed of accordingly. sd/- anil k. narendran, judge sd/- p.g. ajithkumar, judge dkr appendix of op (fc) 45/2023 petitioner exhibitsexhibit-p1 a true copy of the petition in i.a. exhibit-p2 a true copy of the petition in i.a. exhibit-p3 a true copy of the order in i.a. exhibit-p4 a true copy of the o.p. 3060/2022 on the files of the family court,

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN & THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 30TH DAY OF JANUARY 2023 / 10TH MAGHA, 1944 O.P.(FC) NO. 45 OF 2023 AGAINST THE ORDER DATED 22.11.2022 IN I.A.NO.2 OF 2022 IN O.P.NO.3060 OF 2022 ON THE FILE OF THE FAMILY COURT, PETITIONERS:
1 LEEBAN ANTONY A. AGED 33 YEARS, S/O ANTONY A., LALA AVASE, KALLUVETTANKUZHI, VENGANOOR P.O., THIRUVANANTHAPURAM, PIN - 695523. 2 ANTONY AROGYAM, AGED 62 YEARS, S/O AROGYAM, LALA AVASE, KALLUVETTANKUZHI, VENGANOOR P.O., THIRUVANANTHAPURAM, PIN - 695523. 3 ANNIE ANTONY, AGED 60 YEARS, W/O ANTONY A., LALA AVASE, KALLUVETTANKUZHI, VENGANOOR P.O., THIRUVANANTHAPURAM, PIN - 695523. BY ADV J.G.SYAMNATH
RESPONDENT: STEPHY D. AGED 32 YEARS, D/O DOLLY, PHOENIX VILLA, THENNOORKONAM, KOTTAPPURAM P.O., VIZHINJAM, THIRUVANANTHAPURAM, PIN - 695521. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 30.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

P.G. Ajithkumar, J.

The respondents in O.P.No.3060 of 2022 on the file of the Family Court, Thiruvananthapuram has filed this Original Petition under Article 227 of the Constitution of India. They seek to set aside Ext.P3 order dated 22.11.2022 in I.A.No.2 of 2022 in O.P.No.3060 of 2022.

2. Considering the nature of relief proposed to be granted, service of notice on the respondent is dispensed with.

3. Heard the learned counsel appearing for the petitioner.

4. Ext.P3 is an order of interim injunction in I.A.No.2 of 2022. The order reads,- “Heard. Petition allowed as prayed for. Issue notice to respondents. Communicate order to the disbursing officers. Adjourned to 31.01.2023.”

5. Ext.P2 is a copy of I.A.No.2 of 2022. The Family Court

granted an exparte order of injunction and restrained the Commanding Officer, INS Venduruthy Naval Base, Kochi and another from disbursing Rs.20,75,000/- to the petitioner herein from his salary or pensionary benefits. The petitioner is a Petty Officer in Command 1W Office, Southern Naval Command, Kochi. He is due to retire on 31.01.2023. The grievance of the 1 st petitioner is that as per the order in I.A.No.1 of 2022 in O.P.No.3060 of 2022, immovable property was already attached and therefore it was quite unnecessary for ordering such an injunction. He therefore seeks to set aside the said order.

6. As per Ext.P3, notice was ordered to be served on

the petitioners and in the meantime an exparte order of interim injunction was granted. Order XXXIX, Rule 3A of of the Code of Civil Procedure, 1908 obliges a court which granted an exparte order of injunction to dispose of the petition for injunction within 30 days. Here, the petitioners received notice. The learned counsel appearing for the petitioners would submit that they are yet to file objection to I.A.No.2 of 2022. Once they file objection, the Family Court will definitely hear the matter and dispose of I.A.No.2 of 2022 without any delay.

7. In such circumstances, no further orders is

necessary in this Original Petition, except directing the Family Court, Thiruvananthapuram to dispose of I.A.No.2 of 2022 in O.P.No.3060 of 2022 within two weeks from the date of filing of objection by the petitioners. The Original Petition is disposed of accordingly. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- P.G. AJITHKUMAR, JUDGE dkr APPENDIX OF OP (FC) 45/2023 PETITIONER EXHIBITS

EXHIBIT-P1               A TRUE COPY OF THE PETITION IN I.A.
EXHIBIT-P2               A TRUE COPY OF THE PETITION IN I.A.
EXHIBIT-P3               A TRUE COPY OF THE ORDER IN I.A.
EXHIBIT-P4               A TRUE COPY OF THE O.P. 3060/2022 ON
                         THE   FILES  OF    THE FAMILY COURT,

Same Court & Year Kerala · 2023 Same Parties Leeban Antony a. vs Stephy D. Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice...