IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 18216 of 2009(R) -------------------------- PETITIONERS: --------------- 1. BEJOY @ ABRAHAM S/O.MATHEW, AGED 35 YEARS, MUTTETHAZHATHU HOUSE, ERAVIMANGALAM KARA, KADUTHURUTHY, KOTTAYAM DIST. 2. MATHEW, AGED 74 YEARS, MUTTETHAZHATHU HOUSE, KALLARA KARA, KOTTAYAM DISTRICT. 3. MARY W/O.MATHEW, AGED 69 YEARS, MUTTETHAZHATHU HOUSE, KALLARA KARA, KOTTAYAM DIST. 4. BIJU S/O.MATHEW, AGED 35 YEARS, MUTTETHAZHATHU HOUSE, ERAVIMANGLAM KARA, KADUTHURUTHY, KOTTAYAM DIST. BY ADV. SRI.P.I.GEORGEKUTTY RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY GOVERNMENT PLEADER 2. SIJI W/O. BEYOY (D/O KURIAN), ATHIKULAM HOUSE, MARAMKODE, CHETTIKULAM PO, CHALAKUDY, TRICHUR DIST.` GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.18216 of 2009 ---------------------------------------- Dated this the 24th day of July 2009 O R D E R BASANT,J The grievance raised in this writ petition is about grant of interim orders without notice to the caveator. The report of the learned Judge of the Family Court has already been obtained. That report is dated 02/07/2009. A further report was called for and a report dated 16/7/2009 has been received. It is reported that the parties have settled their disputes. The learned counsel for the petitioners affirms that the disputes have been settled and, in these circumstances, no further directions are sought in this writ petition. 2. Request of the learned counsel for the petitioner is accepted. This writ petition is, in these circumstances, dismissed as unnecessary now. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl/Mat.Appeal No. 2 W.P.Crl/Mat.Appeal No. 3 The short grievance of the petitioners is that notwithstanding the fact that a caveat has been lodged anticipating proceedings against them by the 2nd respondent herein and the said caveat was taken note of and recorded by the Family Court, Ettumanoor, interim directions were issued against them in O.P.No.562/09 filed before the Family Court. 2. The grievance of the petitioners is that all the efforts taken by them to lodge a caveat have been rendered useless and non-productive by the course adopted by the Family Court. We are informed that the matter is coming for hearing before the Family Court on 01/07/2009. The petitioners shall be at liberty to raise all their objections before the Family Court against the grant of interim order without notice to them. Appropriate orders shall be passed by the Family Court. 3. But we are persuaded to feel that the remarks of the Family Court must be called for as to how and under what circumstances interim orders were granted ex parte to the 2nd respondent without and before issuing notice to the petitioners who have lodged a caveat before the court and which caveat, we are informed, was accepted and recorded by the Family Court. 4. Await report of the Family Court. Call on 13/7/2009. W.P.Crl/Mat.Appeal No. 4 5. Hand over copy of this order to the learned counsel for the petitioner forthwith for immediate production before the Family Court. W.P.Crl/Mat.Appeal No. 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009