IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 27817 of 2009(R) -------------------------- I.A.Nos.1531 & 1532/09 in OP.821/2007 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- P.S.SATHEESH PANICKER,S/O.SREEDHARA PANICKER, ANJALI(H)MARIATHURUTHU KARA,KUDAMALOOR POST,AYMANAM VILLAGE, KOTTTAYAM TALUK,KOTTAYAM. NOW EMPLOYED AT AL-ZHUHAL,CONSTRUCTION CO.P.O.BOX 124,BALGURASHE-2288,KINGDOM OF SAUDI ARABIA,REP.BY DAUGHTER & P/A HOLDER,AKHILA S.PANICKER. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENT: --------------- VASANTHY PANICKER, W/O.P.S.SATHEESH PANICKER, AGED 53,ANJALI HOUSE, MARIATHURUTHU KARA AYMANAM VILLAGE, KOTTAYAM TALUK NOW RESIDING AT JYOTHI BHAVAN, KOTHALA KARA AND POST, KOOROPADA VILLAGE, KOTTAYAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(C)No.27817 OF 2009 ----------------------------------------------------- DATED THIS THE 7th DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. The petitioner has come to this Court again, complaining that I.A.Nos.1531/09 and 1532/09 filed by him to set aside an ex parte decree for partition and for condonation of the delay in filing such application are not disposed of by the learned Judge of the Family Court. The petitioner had come earlier before this Court and his petition W.P.(C)No.18926/09 was dismissed with observations on 8.7.2009. 2. The learned counsel for the petitioner submits that the said applications, I.A.Nos.1531/09 and 1532/09 are still pending and have not been disposed of. But the court below is proceeding further with I.A.No3217/08 for passing final decree in terms of the ex parte decree for partition. The short prayer of the petitioner is that the court below may be directed to dispose of I.A.Nos.1531/09 and 1532/09, before passing final orders in I.A.No.3217/08. 3. The request of the petitioner appears to be absolutely W.P.(C)No.27817/09 -2- reasonable. The remarks of the learned Judge of the Family Court was called for. The learned Judge of the Family Court in the report dated 6.10.2009 accepts that I.A.Nos.1531/09 and 1532/09 have not been disposed of. It is also evident from the said report of the learned Judge that the case (we assume that reference is to the case, I.A.No.3217/08 for passing the final decree) stands posted to 12.10.2009 for final orders. 4. We are in these circumstances satisfied that specific directions deserve to be issued. We are further satisfied that it is not necessary to wait for the issue and return of notice to the respondent for disposing of this Writ Petition. 5. In the result: (a) this petition is allowed. (b) a direction is issued to the learned Judge of the Family Court that I.A.Nos.1531/09 and 1532/09 shall be disposed of in accordance with law as expeditiously as possible, at any rate, within a period of 10 days from 12.10.2009. (c) a further direction is issued to the learned Judge W.P.(C)No.27817/09 -3- of the Family Court that I.A.No.3217/08 shall not be disposed of before I.A.Nos.1531/09 and 1532/09 are disposed of as directed above or within 15 days of the date in which copy of the order in I.A.Nos.1531/09 and 1532/09 is furnished to the appellant/counsel. 6. Hand over a copy of this judgment to the learned counsel for the petitioner. The Registry shall communicate this judgment to the learned Judge of the Family Court forthwith. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn