IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 22846 of 2010(R) -------------------------- AGAINST THE ORDER IN IA 2715/2008 IN OP.901/2003 of FAMILY COURT,TRIVANDRUM .................... PETITIONER: --------------- ARUNAN, S/O.GOPALAN, THADATHIL VEEDU, VADAKKEVILA, KOLLAM. BY ADV. SRI.ALEX N.MATHEW (KOLLAM) RESPONDENTS: --------------- 1. RETNAKUMARI, D/O.RAVEENDRAN, V.R.LAND, AYIROOR VILLAGE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. 2. VEENA, D/O.RETNAKUMARI, DO. DO. 3. VINOD KUMAR (DIED) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.22846 of 2010 ---------------------------------------- Dated this the 21st day of July 2010 J U D G M E N T Basant,J This writ petition is directed against the order passed by the Family Court in a claim petition filed by the petitioner. O.P.No.901/03 is pending before the Family Court, Thiruvananthapuram. The petitioner is a stranger to the said proceedings. An item of property has been attached in the said O.P. The petitioner staked a claim before the Family Court as I.A.No.2715/08. That claim petition was dismissed by the impugned order Ext.P6. The petitioner has come to this Court with this writ petition now. 2. Called upon to explain how this writ petition is maintainable when an appeal under Section 19 of the Family Court Act can be preferred by the petitioner/claimant, the learned counsel for the petitioner only submits that the petitioner may be permitted to withdraw this petition and stake the challenge in a properly instituted appeal under Section 19 of the Family Court Act. The impugned order, not being an W.P.C.No.22846 of 2010 2 interlocutory order, an appeal is certainly maintainable under Section 19 of the Family Court Act. 3. In the result, this writ petition is dismissed as agreed with liberty to the petitioner to challenge the impugned order by initiating appropriate proceedings by filing an appeal under Section 19 of the Family Court Act. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.22846 of 2010 3 W.P.C.No.22846 of 2010 4 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 19/07/2010