IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 9098 of 2009(R) ------------------------- PETITIONER: --------------- SHYABJI, S/O.MAHARBAN, AGED 31, SHIBINA MANZIL, EDAVOORKONAM, PUTHUSSERY MUKKU, KUDAVOOR VILLAGE, CHIRAYINKEEZHU TALUK, TRIVANDRUM. BY ADV. SRI.R.ANILKUMAR RESPONDENT: --------------- SHAJAHAN, S/O.IBRAHIM KUNJU, KUNNUMPURATHU VEEDU, EDAVOORKONAM, PUTHUSSERYMUKKU P.O., KADAVOORKANAM (V), CHIRAYINKEEZHU TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P. BHAVADASAN, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.9098 OF 2009-R - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2009 JUDGMENT Basheer, J: Having heard learned counsel for the petitioner and having perused the materials placed before us, we are satisfied that this writ petition can be disposed of without issuing notice to the respondent. 2. The prayer in the writ petition is to call for the records in O.P.No.1187/2007 pending before the Family Court, Nedumangad and to direct the said court to dispose of the above case after setting the respondent ex parte because of his failure to appear and contest the case before the court and also not to allow his power of attorney to represent him. 3. It is contended by the petitioner that the power of attorney holder ought not to have been allowed to contest the case on behalf of the respondent. He has a further grievance that the court below is not taking up Ext.P2 application viz., I.A.No.2740/2007 filed by him in this regard. Several other contentions have also been raised in the writ petition, which we do not propose to refer to. In our view, the court below has to necessarily decide all the issues after hearing the parties, in accordance with law. 2 W.P.(C)No.9098/09 Therefore, the writ petition is disposed of with a direction to the Family Court, Nedumangad to dispose of O.P.No.1187/2007 and all pending applications connected therewith, after hearing the parties and in accordance with law, as expeditiously as possible, at any rate, within an outer limit of four months from the date of receipt of a copy of this judgment. (A.K.BASHEER, JUDGE) (P. BHAVADASAN, JUDGE). cl 3 W.P.(C)No.9098/09 .