Kerala High Court
Komalavally vs Janaki on 16 February, 2021
1
OP (FC).No.702 OF 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
OP (FC).No.702 OF 2019
AGAINST THE ORDER/JUDGMENT IN I.A 1303/19 IN OP 942/2019 DATED
19-10-2019 OF FAMILY COURT, KANNUR
PETITIONER/S:
1 KOMALAVALLY,
AGED 68 YEARS
D/O.MELETH VEETTIL GOPALAN NAMBIAR, OCCUPATION NIL,
RESIDING AT MELETH VEEDU, PAPPINISSERY AMSOM DESOM,
KANNUR - 670 561.
2 MURALLIDHARAN,
AGED 47 YEARS
S/O.LATE GOPALAN NAMBIAR, OCCUPATION DRIVER,
RESIDING AT MELETH VEEDU, KURUMATHOOR AMSOM,
VADAKKANJERY DESOM, KANNUR DISTRICT, PIN - 670 142.
3 VENUGOPAL,
AGED 45 YEARS
S/O.KOMALAVALLY, OCCUPATION WELDER, RESIDING AT
MELETH VEEDU, PAPPINISSERY AMSOM DESOM, KANNUR -
670 561.
4 NIKHIL NARENDRAN,
AGED 25 YEARS
S/O.VIJAYA LAKSHMI, OCCUPATION BANK EMPLOYEE,
RESIDING AT RAM NILAYAM, KANNAPURAM AMSOM DESOM,
KANNUR DISTRICT, PIN - 670 301.
5 NEETHI NARENDRAN,
AGED 25 YEARS
D/O.VIJAYA LAKSHMI, OCCUPATION BANK EMPLOYEE,
RESIDING AT RAM NILAYAM, KANNAPURAM AMSOM DESOM,
KANNUR DISTRICT, PIN - 670 301.
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OP (FC).No.702 OF 2019
BY ADVS.
SRI.MATHEW KURIAKOSE
SRI.G.GIREESH
RESPONDENT/S:
1 JANAKI,
AGED 65 YEARS
W/O.LATE GOPALAN NAMBIAR, OCCUPATION NIL, RESIDING
AT MANHERY PARAKOTH VEEDU, KURUMATHOOR AMSOM,
VADAKKANJERY DESOM, KANNUR DISTRICT, PIN - 670 142.
2 VINOD KUMAR,
AGED 50 YEARS, S/O.LATE GOPALAN NAMBIAR, OCCUPATION
AT ABROAD, RESIDING AT KELETH VEEDU, PAPPINISSERY
AMSOM DESOM, KANNUR - 670 561.
R1 BY ADV. SRI.C.P.PEETHAMBARAN
THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 16.2-
2021, THE COURT ON 16-02-2021 DELIVERED THE FOLLOWING:
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OP (FC).No.702 OF 2019
A.MUHAMED MUSTAQUE & C.S.DIAS, JJ.
======================
OP(FC) No.702 of 2019
======================
Dated this the 16th day of February, 2021.
JUDGMENT
A.MUHAMED MUSTAQUE , J.
This original petition was filed challenging the
interim order in IA No.1303/2019 in OP No.942/2019
on the files of the Family Court, Kannur.
2. The first respondent herein filed the above
Interlocutory Application to restrain the petitioners in
this original petition from ousting the first respondent
from petition B schedule property except through the
process of law. Injunction was granted.
3. This original petition was filed challenging
that order on the ground that the original petition
before the Family Court is not maintainable and dispute
has not arisen out of the circumstances in the marital
relationship.
4. The Family Court, by a detailed order, after
OP (FC).No.702 OF 2019
adverting to the rival contentions, passed the interim
order.
5. We do not find any reason to interfere with
this order invoking the supervisory jurisdiction of this
Court under Article 227 of the Constitution of India. The
petitioners are liberty to raise all contentions before the
Family Court at the time of the final disposal of OP
No.942/2019. Further, this order was passed on
19.10.2019 and at this distance of time, it is not
appropriate to disturb such an order unless such an
order is perverse warranting interference. The Family
Court shall dispose of OP No.942/2019 untrammeled by
any findings in the impugned order.
The original petition is disposed of as above.
sd/-
A.MUHAMED MUSTAQUE
JUDGE
sd/-
C.S.DIAS
sks/16.2.2021 JUDGE
OP (FC).No.702 OF 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AFFIDAVIT IN SUPPORT
OF THE APPLICATION, IA NO.1303 OF 2019
IN O.P.NO.942 OF 2019 ON THE FILE OF
THE FAMILY COURT, KANNUR.
EXHIBIT P2 TRUE COPY OF THE COUNTER STATEMENT IN
I.A.NO.1303 OF 2019 IN O.P.NO.942 OF
2019 ON THE FILE OF THE FAMILY COURT,
KANNUR FILED BY THE PETITIONERS HEREIN
(RESPONDENT NOS.1 AND 3 TO 6 IN THE
I.A.).
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 19/10/2019
IN I.AW.NO.1303 OF 2019 IN O.P.NO.942
OF 2019 ON THE FILE OF THE FAMILY
COURT, KANNUR.
