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. 24193 of 2009(R) -------------------------- AGAINST THE ORDER DATED 17/08/2009 IN EP.24/09 IN OP.1258/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): --------------- 1. SANJU.B.NAIR, AGED 35, S/O. BALACHANDRAN NAIR, 'SEENA VIHAR' THRIKKARIYOOR.P.O., AYYAKAD, KOTHAMANGALAM, ERNAKULAM DIST. 2. BALACHANDRAN NAIR, AGED 69, S/O. PRABHAKARAN NAIR, 'SEENA VIHAR, THRIKKARIYOOR.P.O. AYYAKAD, KOTHAMAMGALAM, ERNAKULAM DIST. 3. SARALA BALACHANDRAN, AGED 61, W/O. BALACHANDRAN NAIR, 'SEENA VIHAR' THRIKKARIYOOR.P.O., AYYAKAD, KOTHAMANGALAM, ERNAKULAM DIST. BY ADV. SRI.K.C.ELDHO SRI.JIJO THOMAS RESPONDENT(S): --------------- REMYA.A.MENON, AGED 24, D/O. ANIYANV.K. VELIKULATHIL HOUSE, EROOR.P.O., THRIPUNITHURA-682306, ERNAKULAM DIST. 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.24193 of 2009 ---------------------------------------- Dated this the 24th day of August 2009 J U D G M E N T BASANT,J The petitioners have come to this court with the grievance that I.A.No.6767 of 2008 filed by them on 27/12/2008 has not been disposed of by the Family Court, Ernakulam so far. 2. It is submitted that the petitioners were set ex parte on 26/11/2008 and the O.P was posted for further steps. It is on 27/12/2008 that I.A.No.6767/08 was filed to set aside the order setting them ex parte. It was thereafter, that an ex parte order directing payment of an amount of Rs.5,31,000/- was passed on 31/12/2008. Admittedly, no steps have so far been taken to challenge Ext.P3 order either by filing an appeal or by filing an application to set aside that ex parte order. An execution petition has been filed as early as on 15/6/2009 and in that also, it has been noted that the petitioners herein were absent. Steps in execution are in progress. It is at this stage, that the petitioners have come before this court raising the grievance that I.A.No.6767/08 filed even before the ex parte order was W.P.C No.24193/09 2 passed on 31/12/2008 has not been disposed of. We do not find any merit in this writ petition. It is for the petitioner to challenge Ext.P3 order by initiating proceedings known to law. The attempt to make a grievance out of alleged non-disposal of I.A.No.6767/08 filed prior to Ext.P3 order is found to be without any merit. 3. This writ petition is accordingly dismissed. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.24193/09 3 W.P.C No.24193/09 4 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009