Sunitha vs Prathapan

Type Court Judgment Court Kerala Orders Decided Jul 29, 2021

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Citation: sooperkanoon.com/1656623
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Jul 29, 2021
Case Number: RPFC/150/2021

Parties & Advocates

Appellant / Petitioner

Sunitha

Respondent

Prathapan

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan thursday, the 29th day of july 2021 / 7th sravana, 1943 against the order issued by the family court, ernakulam in i.a.no.2731/2021 in o.p.no.1381/2021 dated 09.07.2021. revision petitioner: sunitha, aged 40 years, w/o.prathapan, by adv.smt.t.b.mini respondent: prathapan, by advs.sri.k.r.vinod sri.m.s.letha this rev.petition(family court) having come up for admission on 29.07.2021, the court on the same day delivered the following: -2-orderthe revision is against the interlocutory order passed in a civilsuit, i.e., interim order of injunction restraining the petitioner herein from interfering with a shop room scheduled. the revision will not lie by virtue of operation of section 19(5) of the family court act. the legal position was very much settled by this court in baiju v. valsala [2006 khc 1039]. hence the learned counsel for the petitioner sought permission to withdraw the revision petition without prejudice to the right to exhaust the remedy available as per lex fori and lex loci. hence permission is granted.hence this r.p.(fc) is dismissed as withdrawn. sd/- p.somarajan judge bpr

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 AGAINST THE ORDER ISSUED BY THE FAMILY COURT, ERNAKULAM IN I.A.NO.2731/2021 IN O.P.NO.1381/2021 DATED 09.07.2021. REVISION PETITIONER: SUNITHA, AGED 40 YEARS, W/O.PRATHAPAN, BY ADV.SMT.T.B.MINI RESPONDENT: PRATHAPAN, BY ADVS.SRI.K.R.VINOD SRI.M.S.LETHA THIS REV.PETITION(FAMILY COURT) HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

ORDER

The revision is against the interlocutory order passed in a civil

suit, i.e., interim order of injunction restraining the petitioner herein from interfering with a shop room scheduled. The revision will not lie by virtue of operation of Section 19(5) of the Family Court Act. The legal position was very much settled by this Court in Baiju v. Valsala [2006 KHC 1039]. Hence the learned counsel for the petitioner sought permission to withdraw the revision petition without prejudice to the right to exhaust the remedy available as per lex fori and lex loci. Hence permission is granted.

Hence this R.P.(FC) is dismissed as withdrawn. Sd/- P.SOMARAJAN JUDGE bpr

Same Court & Year Kerala Orders · 2021 Same Parties Sunitha vs Prathapan Same Judge Honourable Mr. Justice P.Somarajan