IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 18040 of 2003(V) --------------------------------- PETITIONER: ------------ HALEEMA, D/O. PAREETH, MOOSARY MUGHALATH, CHERUVATHAUR KARA, ERAMALLUR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.P.K.MUHAMMED RESPONDENTS: ------------- 1. ABDULLA MOULAVI, S/O. ABUBACKER, MOOSARY MUGHALATH, CHERUVATHUR KARA, ERAMALLUR VILLAGE, PRESENTLY RESIDING AT THAUFEEQUE MANZIL, MANARI P.O., PAYIPRAM. 2. THE SHERISTADAR, FAMILY COURT, ERNAKULAM. R1 BY ADV. SRI.N.ANILKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT. P1 TRUE COPY OF THE PETITION IN O.P.853/98 ON THE FILE OF THE FAMILY COURT, ERNAKULAM DATED 21.12.98 FILED BY THE 1ST RESPONDENT. EXT.P2 TRUE COPY OF THE COUNTER FILED BY THE PETITIONER IN O.P.853/98 DATED 6.2.99. EXT.P3 TRUE COPY OF THE PETITION IN I.A.634/01 IN O.P.853/98 FILED BY THE 1ST RESPONDENT DATED 17.4.2001. EXT.P4 TRUE COPY OF THE ORDER IN I.A.634/01 IN O.P.853/98 PASSED BY THE FAMILY COURT, ERNAKULAM DATED 31.1.2003. [ True copy ] P.A. to Judge. ORDER ON I.A. 3840 OF 2003 IN WPC 18040 OF 2003 DISMISSED 19.3.2008 SD/- M.N.KRISHNAN, JUDGE. M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 18040 OF 2003 = = = = = = = = = = = = = = = Dated this the 19th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the Family Court, Ernakulam in I.A.634/01 in O.P.853/98 whereby the Court below allowed the restoration of O.P. to meet the ends of justice. A perusal of the affidavit would also reveal there was some order passed against the present petitioner for paying the maintenance and on account of the difficulty to raise the amount and fearing that he may be sent to jail he had not attended the Court and that has resulted in the dismissal of the O.P. The learned Family Court Judge after considering the materials which was available had exercised his judicial discretion to allow the application. The suit is one for a mandatory injunction to direct the petitioner herein to return the books. I do not find any ground to interfere with the same and therefore the order under challenge is confirmed and the writ petition is dismissed. M.N. KRISHNAN, JUDGE. ul/- M.N. KRISHNAN, J. = = = = = = = = = = W.P.C. No. 18040 OF 2003 = = = = = = = = = = = J U D G M E N T 19th March, 2008.