IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38052 of 2008(S) -------------------------- AGAINST THE ORDER DATED 01/12/2008 IN IA 6323/2008 IN OP.1638/2008 of FAMILY COURT,ERNAKULAM .................... PETITIONER: ------------- SABU JACOB,AGED 40 YEARS, S/O.K.I.CHACKO KALAPPURAYIL HOUSE, KAKKADU P.O.PIRAVOM VILLAGE, PIRAVOM. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: --------------- BISY SABU, AGED 37 YEARS,W/O.SABU JACOB, KALAPPURAYIL HOUSE, KANOLI ROAD, PAZHOOR P.O. PIRAVOM VILLAGE, PIRAVOM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & ANTONY DOMINIC, JJ ---------------------------------------------------------------- W.P.(C).NO.38052 of 2008 - S ----------------------------------- Dated this the 26th day of December, 2008 J U D G M E N T -------------------- Thottathil B. Radhakrishnan, J The impugned Ext.P3 is an order of interim injunction granted in favour of the petitioner and passed ex-parte his wife - respondent in the proceedings before the Family Court. The petitioner, on the assertion that a business activity of a vehicle service station exclusively belongs to him sought for an injunction against tresspass, obstructing the business activities and for other reliefs. The learned Family Court Judge, on the basis of the materials, issued the impugned interim order restraining the respondent from encumbering or alienating the suit property. The matter is listed before that court on 27.12.2008, even going by the impugned interim order. We do not deem it necessary for this Court to disturb the interim order in exercising the extra ordinary jurisdiction under Article 227 of the Constitution of India. This is all the more so, because the petitioner can request the Family Court for expeditious hearing on the larger relief W.P.(C).NO.38052 of 2008 - S 2 sought for by him in the interlocutory application. Hence the writ petition is closed leaving the petitioner to request the Family Court for expeditious disposal of I.A.No.6323/2008 in O.P.No.1638/2008. The learned Family Court Judge would consider that request sympathetically. THOTTATHIL B.RADHAKRISHNAN, JUDGE. ANTONY DOMINIC, JUDGE. bkn/-