IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 3893 of 2009(S) ------------------------- IA 321/09 IN OP.687/2006 of FAMILY COURT, KOTTARAKKARA .................... PETITIONER(S): --------------- THOMAS GEORGE, AGED 42 YEARS, S/O.Y. GEORGE, RESIDING AT CHARUVILA PUTHEN VEEDU, PERIMANOOR.P.O, VALAKOM, KOTTARAKKARA, KOLLAM, NOW RESIDING AT J.N NO. 7455, CAMP -1, M/S. ALMBAIDI, P.B. NO. 991, AL-JUBILO, K.S.A 31951. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): --------------- 1. JOLLY K. IDICULA, AGED 37 YEARS, D/O. K.G. IDIKKULA, KUZHIVILA PUTHEN VEEDU, PULAMON.P.O, KOTTARAKKARA, KOLLAM. 2. GEORGE, AGED 77 YEARS, RESIDING AT CHARUVILA PUTHEN VEEDU, PERIMANOOR.P.O, VALAKOM, KOTTARAKKARA, KOLLAM. 3. ELIYAMMA, AGED 72 YEARS, RESIDING AT CHARUVILA PUTHEN VEEDU, PERIMANOOR.P.O VALAKOM, KOTTARAKKARA, KOLLAM. 4. PAPPACHAN, AGED 52 YEARS, RESIDING AT CHARUVILA PUTHEN VEEDU, PERIMANOOR.P.O, VALAKAM, KOTTARAKKARA, KOLLAM. 5. JOYKUTTY, ATGED 47 YEARS, RESIDING AT CHARUVILA PUTHEN VEEDU, PERIMANOOR.P.O, VALAKAM, KOTTARAKKARA, KOLLAM. WP(C) 3893/2009 2 6. MATHEW, AGED 47 YEARS, RESIDING AT CHARUVILA PUTHEN VEEDU, PERIMANOOR.P.O, VALAKAM, KOTTARAKKARA, KOLLAM. 7. GRACY, AGED 44 YEARS, RESIDING AT CHARUVILA PUTHEN VEEDU, PERIMANOOR.P.O, VALAKAM, KOTTARAKKARA, KOLLAM. ADV. SMT.T.S.MAYA (THIYADIL) FOR R1 SMT.V.SREELATHA FOR R1 SMT.K.REENA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 3893/2009 3 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 A TRUE COPY OF THE PLAINT IN O.P. NO. 687/2006 FILED ON 18.10.2006 BEFORE THE ADDITIOAL FAMILY COURT, KOTTARAKKARA. EXT.P2 A TRUE COPY OF THE INTERIM REPORT DATED 2.6.2008 SUBMITTED BY ADVOCATE S.S. GANESH, ADVOCATE COMMISSIONER BEFORE THE FAMILY COURT, KOTTARAKKARA. EXT.P3 A TRUE COPY OF THE INTERIM REPORT DATED 30.1.2009 SUBMITTED BY THE ADVOCATE COMMISSIONER BEFORE THE FAMILY COURT, KOTTARAKKARA. EXT.P4 A TRUE COPY OF IA NO. 2331 OF 2006 IN O.P. NO. 687 OF 2006 BEFORE THE FAMILY COURT, KOTTARAKKARA. EXT.P4(a) A TRUE COPY OF THE PROPERTY SCHEDULE SOUGHT TO BE ATTACHED I.A. NO. 2331 OF 2006 IN O.P. NO. 687 OF 2006 BEFORE THE FAMILY COURT, KOTTARAKKARA. EXT.P4(b) A TRUE COPY OF THE NOTICE DATED 24.1.2009 ISSUED FROM THE FAMILY COURT, KOTTARAKKARA TO FURNISH SECURITY. EXT.P5 A TRUE COPY OF THE I.A. NO. 321 OF 2009 IN O.P. NO. 687 OF 2006 FILED ON 29.1.2009 BEFORE THE FAMILY COURT, KOTTARAKKARA. EXT.P6 A TRUE COPY OF THE WRITTEN OBJECTION DATED 31.1.2009 FILED BY THE PETITIOER TO EXHIBIT P5 PETITION. EXT.P7 A TRUE COPY OF THE ORDER DATED 31.1.2009 IN I.A. NO. 321/2009 IN O.P. NO. 687/2006 ON THE FILE OF THE FAMILY COURT, KOTTARAKKARA. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 3893 OD 2009 = = = = = = = = = = = = = = = = DATED THIS, THE 25TH DAY OF FEBRUARY, 2009. J U D G M E N T Raman, J. The compromise petition filed as per I.A. 2130/2009 is recorded and the writ petition is disposed of in terms of the compromise. It is agreed between the parties that in terms of the compromise, an amount of Rs. 2,30,000/- (two lakhs thirty thousand) has been paid to the wife as part- payment. The rest of the terms of the compromise petition will be complied with by the parties. 2. Since we are recording the compromise and close the writ petition, it goes without saying that in case any of the terms of the compromise is not complied with, it is open to the party aggrieved on such non compliance to seek execution of the compromise between the parties through the Family Court. The writ petition is closed. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. KNC/-