IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 23829 of 2008(Y) -------------------------- OP.490/2006 of FAMILY COURT,KOZHIKODE .................... PETITIONER: ------------ K.E. JOSE, AGED 53 YEARS, S/O ETTIAVIRA MATHAI KALAPPURAKKAL (LATE), KALAPPURAKKAL HOUSE, CIVIL STATION HPO, NEDUNGOTTUR AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.MANJERI SUNDERRAJ SMT.K.K.PREETHA RESPONDENTS: ------------- THYRESSYAMMA JOSE, AGED 62 YEARS, W/O K.E. JOSE, C/O JUAMES GEORGE, RESIDING IN KULANGARA HOUSE, MALAPARAMBA CHEVAYUR AMSOM, AND DESOM, KOZHIKODE TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P(C)No.23829 of 2008 ----------------------------------------- Dated this the 13th day of August, 2008 JUDGMENT Kurian Joseph,J. The writ petition is filed with the following prayer:- (a) issue writ orders directing the court below, Family Court, Kozhikode in O.P.No.490/2006 to hear, consider and pass orders in Exts.P1 and P2 petitions before further proceeding in the matter. It is submitted that despite submission before the Family Court that the matters are pending before this court, the learned Family Court Judge has disposed of the writ petition itself. It is submitted that steps are being taken to file an appeal. In that view of the matter we do not think it necessary to pursue the writ petition. All the contentions taken by the petitioner can be considered in the appeal. Therefore, this writ petition is closed. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- W.P(C)No.23829 of 2008 ---------------------------- JUDGMENT 13th August, 2008