Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 AGAINST THE ORDER/JUDGMENT IN OP 84/2007 OF FAMILY COURT, THODUPUZHA PETITIONERS: 1 RATHEESH KUMAR, AGED 48 YEARS S/O. GOPALAKRISHNAN NAIR, KOLLAMPARABIL HOUSE, ARAKULAM KARA, ARAKULAM VILLAGE, THODUPUZHA 2 OMANA, W/O. LATE JOSE, KAITHOLIL HOUSE, KADANADU, NOW RESIDING AT PORIYARATH HOUSE, MOOLAMATTAM KARA, ARAKULAM VILLAGE, THODUPUZHA BY ADV. SHRI.DOMSON J.VATTAKUZHY RESPONDENTS: 1 MALLIKA, D/O. KUNJAPPAN, ASARIPARAMBIL HOUSE, 2 SOUMYA, D/O. MALLIKA, ASARIPARAMBIL HOUSE, 3 SANDHYA, D/O. MALLIKA, ASARIPARAMBIL HOUSE, 4 SANDHRA, D/O. MALLIKA, ASARIPARAMBIL HOUSE, ..2.. 5 P. N. SATHYAN, S/O. PUTHUPEDATH NARAYANAN, KOCHUTHOVALA KARA, KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685 508 R1-4 BY ADV. SRI.G.SREEKUMAR (CHELUR) THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..
JUDGMENT
Dated this the 29th day of January 2021 A.Muhamed Mustaque, J This original petition was filed in the year 2019 challenging an order in I.A. No. 202 of 2016 in O.P. No. 84 of 2007 dated 19.12.2016 on the file of the Family Court, Thodupuzha. O.P. No. 1016/2003 was filed on 12.11.2003 before the Family Court, Thrissur by the respondents. That was returned by the Family Court, Thrissur on 13.10.2006 for presentation before the proper Court. Accordingly, that was presented before the Family Court, Thodupuzha.
2. The petitioners herein entered appearance and raised an objection in regard to claim B and C. According to the
petitioners, those claims are barred by limitation. By the impugned order, the Family court postponed the decision on the question of limitation at the stage of evidence. This order is ..4.. under challenge before this Court.
3. At the outset, we express dismay on the conduct of
the petitioners in approaching this Court with the original petition in the year 2019, challenging an order in the year 2016. It is obvious that this attempt is only to stall the entire proceedings before the Family Court, Thodupuzha. If the petitioners were really aggrieved by such an order, they might have approached this Court, immediately after the order was passed. In fact, the Family Court only postponed the decision on the question of limitation at the stage of evidence. We do not see any reason to interfere with this matter, invoking the power under Article 227 of the Constitution of India. The entire
proceedings have come to a halt on account of the interim order
passed by this Court. This matter ought to have been dismissed with heavy costs. However, taking a lenient view, we are absolving the petitioners from paying the cost. This original
..5.. petition is, accordingly, dismissed. No costs. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- C.S.DIAS JUDGE PR ..6.. APPENDIX PETITIONERS EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION IN O.P.NO.1016/2003 BEFORE THE FAMILY COURT, THRISSUR EXHIBIT P2 TRUE COPY OF THE ORDER RETURNING IN O.P.NO.1016/2003 OF THE FAMILY COURT, THRISSUR EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS EXHIBIT P4 TRUE COPY OF PETITIONER IN I.A.NO.202/2016 BEFORE THE FAMILY COURT, THOUDUPUZHA. EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT 1 TO 4 EXHIBIT P6 TRUE COPY OF THE ORDER IN I.A.NO.202/2016 IN O.P.NO.84/2007 ON THE FILE OF FAMILY COURT, THODUPUZHA.