IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 OP (FC).No. 1263 of 2011(R) ------------------------------------- OS.48/2005 of FAMILY COURT,ERNAKULAM .................... PETITIONERS/PLAINTIFF'S 1 & 2: ---------------------------------------------- 1. PURUSHOTHAMAN PILLAI, S/O.KUNJUKRISHNAN PILLAI, PADINJATTATHIL HOUSE, VAYALUVILASSERI, NEENDARAKARA (PO), NEENDAKARA MURI, 691 582, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT., REP.BY NEXT FRIEND AND BROTHER, SADASIVAN PILLAI, S/O.KUNJUKRISHNAN PILLAI, ANIZHAM HOUSE, VAYALUVILASSERI, NEENDARAKARA (PO), NEENDAKARA MURI, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. 2. SADASIVAN PILLAI, S/O.KUNJUKRISHNAN PILLAI, ANIZHAM HOUSE, VAYALUVILASSERI, NEENDARAKARA (PO), NEENDAKARA MURI, 691 582, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): RESPONDENTS 1 & 2: -------------------------------------------------------- 1. GEETHAKUMARI, D/O.KAMALAKSHI AMMA, PADINJATTETHARAYIL HOUSE, PATTOOR, NEAR F.C.I.GODOWN, EDAKULANGARA MURI, KARUNAGAPPALLY VILLAGE, KOLLAM DISTRICT. 2. MADHUSOODHANAN PILLAI, S/O.KAMALAKSHI AMMA, PADINJATTETHARAYIL HOUSE, PATTOOR, NEAR F.C.I.GODOWN, EDAKULANGARA MURI, KARUNAGAPPALLY VILLAGE, KOLLAM DISTRICT. 3. MANMADHAN PILLAI, S/O.SIVADASAN PILLAI, RAM NIVAS, NEENDAKARA MURI, KARUNAGAPPALLY VILLAGE KOLLAM DISTRICT. 4. GOPINATHAN PILLAI, SHYAMA MANDIRAM, PANMANA VILLAGE, CHAVARA (PO), KARUNAGAPPALLY VILLAGE, KOLLAM DISTRICT. THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON 01/04/2011, ALONG WITH OPFC NO. 1265 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ O.P.(FC) Nos.1263 of 2011-R & 1265 of 2011-R ---------------------------------------------- Dated, this the Ist day of April, 2011 J U D G M E N T K.M.Joseph, J. Being connected, these Original Petitions are disposed of by a common judgment. 2. The complaint petitioners in both these cases is the delay in disposing of the cases pending before the Family Court, Kollam. We called for a report from the Family Court, Kollam. In the report it is inter alia stated as follows: “IA.2766/04 is for setting aside the exparte decree dtd. 22/04/03 in OS No.62/02. The plaintiff in OS No.62/02 filed the EP No.39/04 on 08/09/04. OS 48/05 was filed by the defendant in OS 62/02 for cancelling deed No.2933/02 registered at SRO, Chavara. In all the above cases, IAs are pending for appointing guardian. IA2766/04 and EA19/04 were finally heard on 18/09/09 and were posted for orders to 24/09/09. Thereafter the cases were misplaced and were not put up by the then Bench Clerk. The cases are now traced out on 29/03/11. It is seen that in OS48/05 also a petition for appointing guardian is pending and in that petition objection is not seen filed and the IA was posted for objection. I may report that due to the transfer of experienced staffs of this court and posting of inexperienced staffs, much difficulties are faced which has affected the functioning of the court. In OS48/05 during the pendency of the application for OPFC 1263, 1265/2011 -2- appointing guardian, the defendants have filed written statement. After disposing of the Interlocutory Application, issues are to be framed, parties have to be given opportunity to file witness schedule and documents, trial has to be conducted and hence I may request for 5 months for the disposal of OS48/05 and 2 months for the disposal of IA2766/04, EA19/04 and application in OS48/05 as the respondent has not filed objection to the Interlocutory Application in that suit and enquiry was not conducted.” 3. We record the statement of the Family Court, Kollam and dispose of OP (FC) 1263/2011 by directing the Family Court, Kollam to dispose of Ext.P1 therein within five months from the date of production of a copy of this judgment. There will be a further direction to the Family Court, Kollam to dispose of Exts.P1 and P2 in O.P.(FC) 1265/2011 within a period of two months from the date of production of a copy of this judgment. The Original Petitions are disposed of as above. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS