IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 23170 of 2009(R) -------------------------- AGAINST THE ORDER DATED 26/06/2009 IN E.P.60/2008 IN OP.1021/2003 of FAMILY COURT,ERNAKULAM .................... PETITIONER(S): JUDGEMENT DEBTOR ------------------------------- ANU GEORGE JACOB, S/O.LATE P.C.JACOB, AGED 36 YEARS, 'SANKARAMAMNGALAM', LILLY STREET, COCHIN-17. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): DECREE HOLDER ---------------------------- 1. IBY SUSAN CHERIAN, AGED 30 YEARS, D/O.P.E.CHERIAN, PADIPPURACKAL HOUSE, PULIKEEZHU, THIRUVALLA. 2. JOHN JACOB GEORGE, PADIPPURACKAL HOUSE, PULIKEEZHU, THIRUVALLA, REP. BY THE POWER OF ATTORNEY HOLDER P.E.CHERIAN, PADIPPURACKAL HOUSE, PULIKEEZHU, THIRUVALLA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.23170 of 2009 ---------------------------------------- Dated this the 13th day of August 2009 J U D G M E N T BASANT,J The short grievance of the petitioner is that a speaking order has not been passed and his objections raised in Ext.P2 have not been considered by the learned Judge of the Family Court. Ext.P3 order is not a speaking order and the various contentions raised in Ext.P2 have not been considered, it is urged. 2. In response to a specific query by this court, the learned counsel for the petitioner submits that the petitioner is willing to deposit an amount of Rs.10,000/- before the court below within a period of two weeks. 3. We are satisfied that it is not necessary to wait for the appearance of the respondents. We are satisfied that the court below can be directed to consider and pass an order on merits afresh after considering the objections raised in Ext.P2 subject to the condition that the petitioner deposits/pays an amount of Rs.10,000/- on or before 27/8/2009. W.P.Crl/Mat.Appeal No. 2 4. In the result, a) This writ petition is allowed in part subject to conditions. b) The petitioner shall appear before the court below on 27/8/2009 and shall pay an amount of Rs.10,000/- (Rupees ten thousand only) as agreed by him. If the petitioner so appears and deposits/pays the amount, the learned Judge of the Family Court shall pass afresh orders in E.P.No.60/08 on merits on that day or as expeditiously thereafter, as possible. If the petitioner does not appear or does not pay the amount as directed, the impugned order shall continue to remain in force. Hand over copy of this order to the learned counsel for the petitioner for immediate production before the Family Court. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl/Mat.Appeal No. 3 W.P.Crl/Mat.Appeal No. 4 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009