IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 OP (FC).No. 166 of 2011(R) -------------------------- AGAINST THE ORDER IN EP. 157/10 IN E.P. 76/2008 IN OP.118/2006 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER: ------------------ KUSUMA KUMARI, AGED 52 YEARS, WIFE OF BHASKARAN PILLAI, RESIDING AT BHASKARA VILASATHIL, THURUTHIKKARA MURI, KUNATHOOR VILLAGE, KUNATHOOR TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. GIRIJA DEVI, AGED 25 YEARS, DAUGHTER OF SUMANGALA RESIDING AT GEETHA BHAVANATHIL, MUTHUVILAKKADU KIZHAKKU, SASTHAMCOTTA VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN-690 521. 2. RENGITH KUMAR, AGED 30 YEARS, SON OF BHASKARA PILLAI, RESIDING AT BHASKARA VILASITHIL, THURUTHIKKARA MURI, KUNATHOOR VILLAGE, KUNNATHOOR TALUK, KOLLAM DISTRICT, PIN-690 520. 3. BHASKARA PILLAI, AGED 64 YEARS, RESIDING AT BHASKARA VILASATHIL, THURUTHIKKARA MURI, KUNATHOOR VILLAGE, KUNATHOOR TALUK, KOLLAM DISTRICT, PIN-690 520. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(FC).No. 166 of 2011 R - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2011 JUDGMENT Joseph, J. The petitioner seeks a direction to the Family Court, Kottarakkara to consider and pass orders on Ext.P1 claim petition expeditiously. Ext.P1 purports to be a claim petition to allow the claim of the petitioner over the schedule property and to lift the attachment over the claim petition schedule property. 2. We called for a report from the Family Court, Kottarakkara, which reads as follows: “The learned Judge, after verification, informed that notice was ordered on Ext.P1 claim petition on 2.11.2010 and it was posted to 24.11.2010. Since no steps were taken as on 24.11.2010, direction was once again issued to issue notice and the case stands posted to O.P.(FC).No. 166 of 2011 2 3.2.2011. The learned Judge informed that unless the petitioner takes steps for sending notice, he will not be able to proceed with the matter. If steps for issuing notice are taken before 3.2.2011, he will take earnest efforts to dispose of Ext.P1 within six months from 3.2.2011.” 3. We heard learned counsel for the petitioner. 4. In the light of the report, which we take note of, we direct that if steps are taken for issuing notice before 3.2.2011 in the petition, the Family Court, Kottarakkara shall dispose of Ext.P1 claim petition as expeditiously as possible, at any rate, before 30.9.2011. 5. The appeal is disposed of as above. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm