Renju Bai.E.V vs C.Mohandas
2021 Latest Caselaw 5388 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

                  THE HONOURABLE MR.JUSTICE C.S.DIAS

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                        OP (FC).No.408 OF 2019

  AGAINST THE ORDER IN I.A.NO.2733/2019 IN OP 431/2017 OF FAMILY
                          COURT,THRISSUR


PETITIONER:

               RENJU BAI.E.V
               AGED 45 YEARS
               D/O RAMANUNNI NAIR, HOUSE NO VNRA-6, GOKULAM, VIJAY
               NAGAR, NEAR KARTHYAYANI TEMPLE, AYYANTHOLE, THRISSUR.

               BY ADV. SRI.MITHUN BABY JOHN

RESPONDENTS:

      1        C.MOHANDAS
               AGED 56 YEARS
               S/O KARUNAKARAN NAIR, NIRMALYAM VEETIL (CHEMBALA
               HOUSE), MARAVENCHERY LANE, POONKUNNAM, THRISSUR-
               680001.

      2        GOKUL
               AGED 24 YEARS
               S/O MOHANDAS , HOUSE NO. VNRA-6, GOKULAM, VIJAY
               NAGAR, NEAR KARTHIYAYANI TEMPLE, AYYANTHOLE,
               THRISSUR-680003.

      3        NAKUL,
               AGED 18 YEARS
               S/O MOHANDAS , HOUSE NO. VNRA-6, GOKULAM, VIJAY
               NAGAR, NEAR KARTHIYAYANI TEMPLE, AYYANTHOLE,
               THRISSUR-680003.

               BY ADV. SRI.C.A.ANOOP
               BY ADV. SMT.R.KRISHNA

     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD              ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING::
 OP (FC).No.408 OF 2019                2

                               JUDGMENT

Dated this the 15th day of February 2021

A. Muhamed Mustaque, J.

This original petition was filed in the year

2019 challenging the dismissal of application to

stay the proceedings in O.P.NO.431/2017. The Learned

counsel for the petitioner submitted that he has

filed Mat Appeal No.665/2018 before this Court and

the same is pending. Therefore, further proceedings

in O.P.No.431/2017 has to be stayed. The application

was dismissed by the Family Court, Thrissur stating

that the application is belated.

It is to be noted that there was a stay in this

matter initially but that expired in the month of

July, 2019. Further, service is also not complete.

We do not find any reason to retain this matter

any further. Accordingly, the original petition is

dismissed.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                              C.S.DIAS
SAS/15/02/2021                                     JUDGE


                                 APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                A TRUE COPY OF THE ORIGINAL PETITION

NUMBERED AS OP NO 431 OF 2017 FILED BY THE 1ST RESPONDENT BEFORE THE HON'BLE FAMILY COURT, THRISSUR

EXHIBIT P2 A TRUE COPY OF THE OBJECTION FILED IN OP NO 431 OF 2017 BY THE PETITIONER HEREIN BEFORE THE HON'BLE FAMILY COURT, THRISSUR

EXHIBIT P3 A TRUE COPY OF THE COMMON JUDGMENT DATED 17.11.2015 IN OP 48 OF 2013 OP 429/2013 OP 430 OF 2013 & OP 1375 OF 2013 OF THE HON'BLE FAMILY COURT, THRISSUR.

EXHIBIT P4 A TRUE COPY OF THE INTERLOCUTORY APPLICATION NUMBERED AS IA NO 2733 OF 2019 IN OP 431/2017 BEFORE THE HON'BLE FAMILY COURT, THRISSUR SEEKING FOR A PRAYER TO STOP FURTHER HEARING AND EXAMINATION OF WITNESSES UNTIL THE FINAL DISPOSAL OF MAT.APPEAL NO 665/2018 PENDING BEFORE THE HIGH COURT OF KERALA

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 6.6.2019 IN EXHIBIT P-4 INTERLOCUTORY APPLICATION, NUMBERED AS IA NO 2733 OF 2019 IN OP 431/2017 OF THE HON'BLE FAMILY COURT, THRISSUR

RESPONDENTS' EXHIBITS:- NIL

//TRUE COPY//

P.A. TO JUDGE