IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 20556 of 2007(S) -------------------------- OP.361/2007 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): ------------------------- V. SASIDHARAN NAIR, S/O. LATE P.R. VASUDEVAN NAIR, RESIDING AT TC NO.9/919, LOTUS GARDENS, PANIKKAR'S LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM-10,NOW RESIDING AT TC NO.9/919, A-19, "SREYAS", PANICKER'S LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM-10. BY ADVS. MR.R.S.KALKURA, MR.M.S.KALESH, MR.HARISH GOPINATH. RESPONDENT(S): ---------------------------- 1. REMA PANIKKAR, D/O. LATE S.N.PANIKKAR, RESIDING AT TC NO.9/919, A-19, "SREYAS", PANICKER'S LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM-10. 2. SRUTHI NAIR, D/O. V.SASIDHARAN NAIR, RESIDING AT TRC NO.9/919, A-19, "SREYAS", PANICKER'S LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM-10. 3. SUB INSPECTOR OF POLICE, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. BY SMT.MINI.V.A.-(ADVOCATE COMMISSIONER) R1 BY ADV.MR.SANTHAN V.NAIR R3 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C.)No.20556 of 2007-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of March, 2010. Judgment Thottathil B.Radhakrishnan, J. The petitioner is the husband of the first respondent. Second respondent is their younger daughter. The elder daughter is married and lives with her husband. The first respondent has filed an application for divorce, i.e., O.P.(HMA) 1073/2007 pending before the Family Court, Thiruvananthapuram. O.P.361/2007 of that court, from which this writ petition arises, was filed by respondents 1 and 2 seeking maintenance. The Family Court ordered ad interim temporary injunction restraining the writ petitioner from interfering with the peaceful possession and enjoyment of the particular property which the wife claimed to be in her possession. Stating WPC20556/07 -: 2 :- that the said order was obtained by misrepresenting even his address and on the assertion that he is also residing in the same building, he filed this writ petition. A Commission was issued from this Court. The Commissioner reported that the petitioner also resides in the building. Though we see the unfortunate plight of the family which has not been able to resolve the disputes between them amicably by now, we deem it necessary that O.P. (HMA).1073/2007 and O.P.361/2007 are disposed of by the Family Court without much delay, having regard also to the age of the petitioner and the first respondent. We, therefore, direct that the status-quo obtained as of now as reflected by the Commissioner's report in this case will be preserved and neither of the parties will be entitled to cause any damage to any part of the property, including the trees standing thereon. The Family Court will ensure that this direction is strictly enforced and the cases are disposed WPC20556/07 -: 3 :- of at the earliest. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/0103