IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 3710 of 2008(S) ------------------------- OP. NOS.360/2006 &267/2007 of FAMILY COURT, NEDUMANGAD .................... PETITIONERS: ------------ 1. RAHILA BEEVI, D/O.RASHEED, AGED 38 YEARS, RESIDING AT RASHEED MANZIL, UDIYOOD, VENJARAMOODU, THIRUVANANTHAPURAM. 2. JASIM, S/O.SULAIMAN (MINOR), AGED 10 YEARS, RESIDING AT RASHEED MANZIL, UDIYOOD, VENJARAMOODU, THIRUVANANTHAPURAM. 3. ASHIYA MOL, D/O.SULAIMAN (MINOR), AGED 5 YEARS, RESIDING AT RASHEED MANZIL, UDIYOOD, VENJARAMOODU, THIRUVANANTHAPURAM. 4. FAHETH, D/O.SULAIMAN (MINOR), AGED 2 YEARS, RESIDING AT RASHEED MANZIL, UDIYOOD, VENJARAMOODU, THIRUVANANTHAPURAM. (PETITIONERS 2 TO 4 ARE REPRESENTED BY THE IST PETITIONER WHO IS THEIR MOTHER AND NATURAL GUARDIAN). BY ADVS. SMT.MAJIDA.S SRI.K.RAJESH KANNAN SRI.AJIKHAN.M RESPONDENT: ------------- SULAIMAN, S/O.MOHAMMED HANEEFA, AGED 42 YEARS, RESIDING AT AL-NOOR, KUNNUMPURAM, PALLIMUKKU, KURIYODE (PO), THIRUVANANTHAPURAM. BY ADV. SRI.V.K.BALACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of O.P. 267/07 filed before Family Court, Nedumangad. Ext.P2: True copy of O.P. 360/06 filed before Family Court, Nedumangad. Ext.P3: True copy of sale deed No.1157/07. Ext.P4: True copy of objection filed by the 2nd respondent in O.P.424/07. Ext.P5: True copy of agreement for compromise dated 22.11.2007. Ext.P6: True copy of draft dated 12.6.2007. Ext.P7: True copy of petition dated 21.12.2007 filed before Family Court, Nedumangad. Ext.P8: True copy of sale deed 2747/07 executed by the respondent in favour of his sister. Ext.P9: True copy of sale deed No.406/07. Ext.P10: True copy of petition filed before the Family Court Nedumangad on 15.1.2008 as I.A. No.108/08. RESPONDENT'S EXHIBITS: NIL KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------------------------- W.P.(C)NO. 3710 OF 2008 ---------------------------------------------------------------- Dated this the 11th day of March, 2008 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayers: i) To direct the Family Court, Nedumangad to delete the 1st term of Exhibit-P5 agreement for compromise in O.P. 267/07 and proceed with the case on merit unless the respondent pays a reasonable amount towards the settlement of the claims of the petitioner. ii) To direct the Family Court, Nedumangad not to pass a compromise decree on the basis of Exhibit-P5 which was not accepted by the petitioner." 2. It is seen that the petitioners have filed Exts.P7 and P10 petitions before the Family Court, Nedumangad, the former in O.P.No.360 of 2006 and the latter in O.P. No.267 of 2007. Since the court has to enter a satisfaction under Order XXIII Rule 3 C.P.C. that there is a lawful agreement of compromise and in view of the disputes now raised by the petitioners, we are of the view that the Family Court, Nedumangad should first consider Exts.P7 and P10 petitions before disposing of the Original W.P.(C)NO.3710/2008 2 Petitions referred to above. 3. Accordingly, we dispose of the Writ petition directing the Family Court, Nedumangad to first consider Exts.P7 and P10 petitions and dispose of the same before passing a decree in the Original Petitions. We make it clear that we have not expressed any opinion as to the merits of the case. All the contentions are hence left open. We also make it clear that while passing the orders as above, the report of the Village Officer dated 4.3.2008 will also be considered by the Family Court and the same shall form part of the records. The Registry will forward the original report, after retaining a photostat copy. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ W.P.(C)NO.3710/2008 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ. W.P.(C)NO.3710/2008 JUDGMENT 11TH MARCH, 2008