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 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 3075 of 2009(S) ------------------------- AGAINST THE ORDER IN EP 28/2008 IN OP.482/2004 of FAMILY COURT,KOZHIKODE .................... PETITIONER: --------------- ABDUL NASAR, S/O. ATHIYAMAN, NARAYANANKUNNUMMAL HOUSE, AMARAD VALAVIL, KATTIPPARA, KOZHIKODE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: --------------- 1. SEREENA @ SHEREENA, D/O. LATE MAMMI, KANDALADUKANDI HOUSE, KOKKALLUR AMSOM, ERAMANGALAM DESOM, KOZHIKODE. 2. THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION. SR.GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2010 ALONG WITH W.P(C) NO.3112 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(C) Nos.3075 & 3112 of 2009 ********************* Dated this the 18th day of August, 2010 JUDGMENT BASANT, J. The learned counsel for the petitioner submits that full satisfaction having already been recorded in E.P.Nos.28 & 29 of 2008 in O.P.No.482 of 2004 by the Family Court, Kozhikode, these Writ Petitions have now become infructuous and they may be dismissed as not pressed. Request is accepted. 2. These Writ Petitions are accordingly dismissed as not pressed. I.A.No.10832 of 2010 in W.P(C) No.3075 of 2009 This petition is for return of an amount of Rs.10,000/- (Rupees Ten thousand only) which was deposited by the petitioner herein before the court below to comply with the directions of this Court dated 30.01.2009. The said amount of Rs.10,000/- is lying in court deposit, it is submitted. The relevant E.P has already been closed recording full satisfaction, it is further submitted. An application filed by the petitioner for return of the said amount of Rs.10,000/- after dismissal of the W.P(C) No.3075 & 3112 of 2009 2 E.P has been rejected by the court below on the ground that this Court had not directed return of amount, it is submitted. The Writ Petitions have been dismissed today as not pressed. 2. We do, in these circumstances, direct the court below to return the amount of Rs.10,000/- (Rupees Ten thousand only), if such amount is in deposit as per the order dated 30.01.2009 passed by this Court and if in the E.P full satisfaction has already been recorded without giving credit to this amount of Rs.10,000/-. In that even the amount shall forthwith be returned to the Writ Petitioner by the Family Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/