Syrus Kalathil Pathrose @ Syrus ... vs Matilda @ Muthumani
2021 Latest Caselaw 7401 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

          THE HONOURABLE MR.JUSTICE DR. KAUSER EDAPPAGATH

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                        OP (FC).No.416 OF 2020

AGAINST THE ORDER DATED 27.11.2019 IN OP 667/2019 OF FAMILY COURT,
                            ALAPPUZHA


PETITIONER:

               SYRUS KALATHIL PATHROSE @ SYRUS BOBAN
               S/O PATHROSE, KALATHIL HOUSE,
               VADAKKAL PO, PUNNAPRA VILLAGE,
               ALAPPUZHA DISTRICT, PIN-688003.

               BY ADVS.
               SRI.DINESH MATHEW J.MURICKEN
               SRI.N.R.SANGEETHARAJ
               SRI.VINOD S. PILLAI
               KUM.GAYATHRI MURALEEDHARAN
               SMT.SREELAKSHMI R.
               SHRI.MOHAMMED THAYIB N.M.

RESPONDENTS:

      1        MATILDA @ MUTHUMANI
               W/O SYRUS KALATHIL PATHROSE @ SYRUS BOBAN, BETHEL
               HOUSE, KARUKAYIL WARD, THATHAMPALLY PO, ALAPPUZHA
               DISTRICT, PIN-688013.

      2        HABEEB, S/O ABDULLA,
               SAJITHA MANZIL,
               MULLATHU VALAPPIL,
               ALAPPUZHA DISTRICT, PIN-688011.

      3        SAREENA SALI, W/O NAVAS,
               KALATHIL HOUSE,
               VADACKAL PO,
               ALAPPUZHA DISTRICT, PIN-688003.


     THIS OP (FAMILY COURT) HAVING BEEN FINALLY HEARD ON 03-03-
2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(FC).No.416/2020

                                        2


                                   JUDGMENT

Dated this the 3rd day of March 2021

A.MUHAMED MUSTAQUE, J.

This original petition was filed challenging the order

dismissing the application for temporary injunction. This

matter is pending before this Court for the last more than

one year. The Family Court found that the petitioner is

not in possession of the property. Accordingly, the

injunction was declined.

2. Taking note of the nature of the order passed, we

will not be justified in invoking our jurisdiction under

Article 227 of the Constitution of India to interfere with

the said finding of fact. However, we are of the view that

the Family Court shall dispose of the matter in accordance

with law, untrammeled by any observation contained in this

judgment.

The original petition is disposed of accordingly.

Sd/-

A.MUHAMED MUSTAQUE

JUDGE

Sd/-

                                            Dr. KAUSER EDAPPAGATH

kp               True copy                          JUDGE
                   P.A. To Judge
 O.P.(FC).No.416/2020




                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1             TRUE COPY OF THE PETITION IN OP NO.667/2019

FILED BY THE PETITIONER BEFORE THE FILE OF FAMILY COURT, ALAPPUZHA DATED 02.08.2019.

EXHIBIT P2 TRUE COPY OF PETITION IN IA NO.1237/2019 IN OP NO.667/2019 FILED BY THE PETITIONER BEFORE THE FAMILY COURT, ALAPPUZHA DATED 02.08.2019.

EXHIBIT P3 TRUE COPY OF THE OBJECTION IN I A NO.1237/2019 IN OP NO.667/2019 FILED BY THE 3RD RESPONDENT BEFORE THE FAMILY COURT, ALAPPUZHA DATED 14.08.2019.

EXHIBIT P4 TRUE COPY OF THE ORDER IN IA NO.1237/2019 IN OP NO.667/2019 PASSED BY THE FAMILY COURT, ALAPPUZHA DATED 27.11.2019.