IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 22030 of 2009(R) -------------------------- OP.650/2007 of FAMILY COURT, THIRUVALLA .................... PETITIONER(S): --------------- 1. P.V.YOHANNAN, AGED 66 YEARS, S/O.LATE VARGHESE, PATTARUMADATHIL VEETTIL, KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT. 2. SOSAMMA JOHN, W/O.P.V.YOHANNAN, OF DO. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): --------------- 1. REENA ELIZABETH MATHEW, AGED 31 YEARS, D/O.MATHEW JOSEPH, THOPPIL VEETTIL, PALACE ROAD, CHANGANACHERRY VILLAGE, KOTTAYAM. 2. JOHN SABY, S/O.P.V.YOHANNAN, PATTARUMADATHIL VEETTIL, KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT PRESENTLY RESIDING AT JOHN SABY ERIAAERPLATZ WEIN 1230 EUROPE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.22030 of 2009 ---------------------------------------- Dated this the 24th day of August 2009 J U D G M E N T BASANT,J The petitioner has come to this court with a grievance that Exts.P2, P3 and P4 petitions filed by him before the Family Court are not disposed of. As they are not disposed of, he has sought an interim order for stay of the execution proceedings. 2. Report of the Family Court was sought. The report reveals that all relevant and vital facts have been suppressed before this court by the petitioner. 3. The report of the Family Court shows that I.A.Nos.2178, 2179 and 2234 of 2009 were filed before the court only on 31/7/2009, though these petitions bear the date 27/5/2009. One of these petitions is under Order 9 Rule 13 to set aside the ex parte order. Another is to condone the delay of 390 days and the third is to stay all proceedings in execution in O.P.No.650/07. According to the learned Judge of the Family Court, these petitions were filed in the office; and neither the petitioner nor the counsel moved in open court for any emergent relief. When the petition reached in the chamber, notices were W.P.C No.22030/09 2 issued to the respondent. Till 10/08/2009, the learned Judge reports that no steps have been taken either for service of notice through court or by serving copies of the petitions on the counsel for the other side. In these circumstances, the case was posted to 26/9/2009. 4. It is at this juncture that on 03/08/2009, the petitioners came to this court with this writ petition seeking a direction for expeditious disposal of the three I.As. It is evident that this petition is without any bone fides. The petitioner can certainly apply before the court below for expeditious disposal of the three I.As by advancing the case, if necessary. We have no reason to assume that the learned Judge of the Family Court shall not deal with the applications in accordance with law. 5. No further or specific directions deserve to be issued in favour of the petitioners, in these circumstances. We deprecate the attempt of the petitioner to suppress relevant facts from this court and run away with interim orders. 6. This petition is dismissed. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.22030/09 3 W.P.C No.22030/09 4 W.P.C No.22030/09 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009