IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 994 OF 2009(S) ------------------------ OP. NOS. 989/2004 & 1303 /2005 OF FAMILY COURT,ERNAKULAM .................... PETITIONER: --------------- PREETHI THOMAS, AGED 41 YEARS, DAUTHER OF M.G. THOMAS, FALCON HEIGHTS APARTMENTS, NO. IV - C, SOUTH JANATHA ROAD, PALARIVATTOM, KOCHI - 682 025. BY ADV. SRI.BOBY MATHEW RESPONDENT: --------------- P.A. THOMAS, AGED 49 YEARS, S/O. P.V. ABRAHAM, S3, SARASWATHY SANGAM COMPLEX, ST. MARTIN ROAD, PALARIVATTOM, KOCHI - 682 025. BY ADVS. M/S. T.S.MAYA (THIYADIL) & SMT.M.S.KIRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 994/2009 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF O.P. 989/2004 PENDING BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P2 TRUE COPY OF O.P. 752/2005 PENDING BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P3 TRUE COPY OF O.P. 871/2005 PENDING BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P4 TRUE COPY OF O.P. 1184/2005 PENDING BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P5 TRUE COPY OF O.P. 1303/2005 PENDING BEFORE THE FAMILY COURT, ERNAKULAM. EXT.P6 TRUE COPY OF O.P. 671/2006 PENDING BEFORE THE FAMILY COURT, ERNAKULAM. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & C.T.RAVI KUMAR, JJ. = = = = = = = = = = = = = W.P.(C) 994 OF 2009 = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF JANUARY, 2009. J U D G M E N T Raman, J. Preethi Thomas is the petitioner, who had filed O.P. Nos. 752/2005, 871/2005 and O.P. 671/2006 before the Family Court, Ernakulam, respectively for a declaration that the sale deed executed by the respondent and his mother in respect of 4.371 cents of property is null and void, for a further declaration that the Power of Attorney based on which the sale deed was executed is sham and also for mandatory injunction against the respondent and his parents, to vacate the Sangam Apartment and to set aside the sale deed by which the Sangam Apartment was sold to Mini John. The respondent filed O.P. 989/2004, 1184/2005 & O.P. 1303/2005 respectively for a prohibitory injunction against the wife from using the Falcon Heights Apartment, for return of gold, diamonds, Maruthi car and cash and for divorce on the ground of cruelty. All the above matters are pending in which pleadings are completed. While so, the court below has appointed two separate Advocate Commissioners for recording the entire evidence in O.P. 989/2004 and O.P. 1303/2005. It was at that stage that this WP(C) 994/2009 :2: writ petition is filed. 2. The main relief sought for in this writ petition is for a direction to the Family court to try all the six cases between the parties jointly. The interim relief sought for is to stay till such time, the recording of the evidence as directed by the court below. 3. We had issued notice by special messenger and the respondents have entered appearance through counsel. Heard the parties. The petitioner is not entitled to seek any relief in this writ petition so far as she has not moved the Family Court by filing any petition for joint trial. In the absence of petitioner moving any application before the court below and this being the only ground on which the writ petition is filed, the same is liable to be dismissed. 4. However, both sides agreed that evidence can be recorded in all the cases through Advocate Commissioner to be appointed by the court below. Since Advocate Commissioner has already been appointed in two cases we do not wish to disturb such appointment and taking evidence. However in the remaining cases also, if an application is filed by the petitioner for recording evidence, the same can be allowed and after recording evidence in all the cases, the parties may be heard. All the six cases may be posted together and arguments heard so that the entire WP(C) 994/2009 :3: evidence could be appreciated in a better manner for a proper disposal of the case. With the above observation, we dismiss this writ petition. P.R. RAMAN, (JUDGE) C.T.RAVIKUMAR, (JUDGE) knc/-