IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 1105 of 2008(S) ------------------------------------- OP.294/2005 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER: ----------------- SHANAVAS, S/O.V.SAINUDEEN, AGED 38 YEARS, NAVAS MANZIL, NADUKKUNNU, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI SRI.R.JAYACHANDRAN SMT.SMITHA GEORGE SRIMANU TOM RESPONDENTS: ---------------------- 1. SHYNI, D/O.ABDUL KHADER, SHYNI BHAVANAM, KADUVATHODE MURI, PATTAZHI, VADAKKEKARA VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. 2. THE FAMILY COURT, KOTTARAKKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P.(C). No. 1105 OF 2008 ----------------------------------------- Dated this the 9th day of January, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed with the following prayer: i) To issue a direction to transfer the proceedings in O.P. 294 of 2005, O.P. 295 of 2005, M.C. 107 of 2005 and O.P. 347 of 2007 before the Family Court, Kottarakkara to any other court as this Hon'ble Court may deem fit and proper to meet the ends of justice. 2. It is for the petitioner to invoke the statutory remedy under Section 24 of the Code of Civil Procedure. It is submitted that the matters are posted for final hearing tomorrow before the Family Court, Kottarakkara and hence the proceedings may be directed to be deferred for atleast two days so as to enable the petitioner to file an appeal. The petitioner may file an appeal and also file a petition before the Family Court to defer the final hearing for a period of W.P.(C). No. 1105/08 2 two days, in which event, the petition will be considered by the Family Court. With the above observation, this writ petition is dismissed leaving open the contentions. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp