Aji vs Jose
2021 Latest Caselaw 4913 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                       &

                     THE HONOURABLE MR.JUSTICE C.S.DIAS

       WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                         OP (FC).No.732 OF 2017(R)

       AGAINST THE COMMON ORDER IN I.A.NOS.5603/2016 AND 5604/2016
    IN O.P. NO.1784/2014 DATED 19-01-2017 OF FAMILY COURT, THRISSUR
                                    --------


PETITIONER/S:

                AJI, AGED 23 YEARS,
                S/O. VADAKKETHALA POOVATHINGAL JOSE,
                KUNNATHUMEDU DESOM,
                PALAKKAD VILLAGE, TALUK AND DISTRICT.

                BY ADVS.
                SRI.AJEESH K.SASI
                SMT.POOJA PANKAJ

RESPONDENT/S:

       1        JOSE, AGED 66 YEARS, S/O. VADAKKETHALA
                POOVATHINGAL MATHUNNI, ERAVIMANGALAM DESOM, NADATHARA
                VILLAGE, THRISSUR - 680 751.

       2        ALICE, AGED 56 YEARS, D/O. PADINJARE KALAPURAKKAL KURIAN,
                POTTASSERY VILLAGE, KANJIRAPPUZHA DESOM, MANNARKAD TALUK,
                PALAKKAD DISTRICT, NOW RESIDING AT NADATHARA VILLAGE,
                ERAVIMANGALAM DESOM, THRISSUR - 680 751.

       3        JOSMI, AGED 30 YEARS, D/O. ALICE, ERAVIMANGALAM DESOM,
                NADATHARA VILLAGE, THRISSUR - 680 751.

       4        ROSMY, AGED 29 YEARS, D/O. ALICE, ERAVIMANGALAM DESOM,
                NADATHARA VILLAGE, THRISSUR - 680 751.

       5        PRAKASAN, AGED 31 YEARS, S/O. CHANDRA ASHARI,
                ERAVIMANGALATH HOUSE, ERAVIMANGALAM DESOM, NADATHARA
                VILLAGE, THRISSUR - 680 751.

       6        JISMI, AGED 25 YEARS, D/O.ALICE, ERAVIMANGALAM DESOM,
                NADATHARA VILLAGE, THRISSUR - 680 751.


THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 10.2.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.732/2017(R)             2




                              JUDGMENT

Dated this the 10th day of February 2021

A.Muhamed Mustaque, J.

This original petition was filed in the year

2017 challenging a common order in I.A.Nos.5603 & 5604 of 2016 in O.P.No.1784 of 2014 on the file of

the Family Court, Thrissur. The said interlocutory

applications were filed for impleadment and

amendment. Those applications were dismissed by the

Family Court, Thrissur. Thereafter, the original

petition itself has been disposed of.

It is submitted before this Court that the

petitioner had challenged the order in the original

petition by way of Mat.Appeal No.873/2017. In fact,

the challenge in this original petition itself is

against the interlocutory order. If any person is

aggrieved by the order passed in the original

petition, finally, he is free to challenge the

order now impugned in the appeal filed as against

the final order. Without prejudice to such

challenge, this original petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

C.S.DIAS

JUDGE

ln

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN I.A.NO.5604 OF 2016 IN O.P.NO. 1784 OF 2014 ON THE FILE OF THE FAMILY COURT, THRISSUR.

EXHIBIT P2 TRUE COPY OF THE PETITION FILED BY THE PETITIONER TO AMEND THE ORIGINAL PETITION AS I.A.NO. 5603 OF 2016 IN O.P.NO. 1784 OF 2014 ON THE FILE OF THE FAMILY COURT, THRISSUR.

EXHIBIT P3 TRUE COPY OF THE COMMON ORDER IN I.A.NO. 5603 OF 2016 AND I.A.NO. 5604 OF 2016 IN O.P.NO.1784 OF 2014 ON THE FILE OF THE FAMILY COURT, THRISSUR DATED 19.01.2017. RESPONDENTS EXHIBITS:NIL.

//TRUE COPY//

P.A.TO JUDGE