IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 15TH NOV'EMBER 2010 / 24TH KARTHIKA 1932 OP (FC).No. 390 of 2010(R) -------------------------- OP.624/2010 of FAMILY COURT, THIRUVALLA .................... PETITIONER -------------------- VASUDEVAN NAIR, AGED 58, S/O.MADHAVAN NAIR R/AT PADMAVILASAM,KOODAL PO,STADIUM MUKKU, KOODAL VILLAGE,ADOOR TALUK,PATHANAMTHITTA. BY ADV. SRI.R.RAJASEKHARAN PILLAI SRI.SABINA JAYAN RESPONDENTS: --------------- 1. KANAKAMMA,AGED 51, D/O.LEKSHMIKUTTY AMMA R/AT NIRAVIL HOUSE,KULATHUMON PO,POTHUPARA, KAMBAKATHUPACHA,KOODAL VILLAGE,ADOOR TALUK, PATHANAMTHITTA. 2. THE SUB INSPECTOR OF POLICE,KOODAL, ADOOR. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** O.P(F.C) No.390 of 2010 ***************************** Dated this the 15th day of November, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with the grievance that the interim stay granted in I.A.No.2013 of 2010 is not being vacated and orders on merits are not being passed in I.A.No.2013 of 2010. 2. On the submissions made at the Bar, we called for a report from the Family Court. The report of the Family Court shows that the order in I.A.No.2013 of 2010 was passed on 12.07.2010 and the case was posted to 15.09.2010. On that day, the respondent, ie. the petitioner herein, had entered appearance and had prayed for time. Accordingly the case was posted to 12.11.2010. Objections to I.A.No.2013 of 2010 was filed by the petitioner herein in the office. There was no request to advance hearing or even an oral request to vacate the order of stay. O.P(F.C) No.390 of 2010 2 3. It is at this juncture that the petitioner came to this Court on 19.10.2010; did not reveal the sequence of events and complain to the Court that the interim order of injunction passed on 14.07.2010 was not being vacated and orders on merit were not being passed. 4. The report of the learned Judge of the Family Court reveals the true state of affairs. We do not find merit in the attempt made by the petitioner to run away with directions under Article 227 of the Constitution by filing this O.P. The report of the learned Judge of the Family Court shows that the I.A shall be disposed of as expeditiously as possible - not, at any rate, later than 30.11.2010. 5. We accept the report dated 30.10.2010 submitted by the learned Judge of the Family Court, Thiruvalla. We are unhappy to note that This petition has been filed without placing the true facts and circumstances before Court. However, we appreciate the stand taken by the learned Judge that the I.A shall be disposed of finally as expeditiously as possible - not later than 30.11.2010. 6. We accept the submission of the learned Judge of the Family Court. O.P(F.C) No.390 of 2010 3 7. This O.P(F.C) is, in these circumstances, dismissed. 8. Compliance shall be reported by the Family Court to this Court. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/