IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 6137 of 2009(O) -------------------------------------- OS.303/2008 & OS.304/2008 OF MUNSIFF COURT, VAIKOM. .................... PETITIONERS: --------------------- 1. JOY JOSEPH, AGED 46, THULUSSERI HOUSE, MUTTUCHIRA.P.O, IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686 613. 2. SALOMA JOY, AGED 43, W/O. JOY JOSEPH, THULUSSERI HOUSE, MUTTUCHIRA.P.O, IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686 613. 3. JOEL S. JOY, AGED 10 YEARS, S/O. JOY JOSEPH, THULUSSERI HOUSE,MUTTUCHIRA.P.O, IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT,PIN - 686 613. REPRESENTED BY FATHER AND NATURAL GUARDIAN JOY JOSEPH. BY ADVS.MRI.P.SANJAY, MR.BIJU MEENATTOOR, MR.M.MUHAMMED SHAFI, MR.J.ABHILASH. RESPONDENTS: ------------------------ 1. JOSEPH @ OUSEPH, AGED 70 YEARS, THULUSSERI HOUSE, MUTTUCHIRA.P.O, IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686 613. 2. ELIYAMMA JOSEPH, AGED 65 YEARS, W/O. JOSEPH, THULUSSERI HOUSE,MUTTUCHIRA.P.O, IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM, TALUK, KOTTAYAM DISTRICT, PIN - 686 613. W.P.(C). NO.6137/2009-O: 3. BENNY JOSEPH, S/O. JOSEPH, THULUSSERI HOUSE,MUTTUCHIRA.P.O, IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686 613 (NOW RESDING AT ANUGRAHA, 23/488, MARKET ROAD, NEAR MISSION SCHOOL, THRIPUNITHURA) 4. SHOJI JOSEPH, W/O. BENNY JOSEPH, THULUSSERI HOUSE,MUTTUCHIRA.P.O, IRAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT, PIN - 686 613 (NOW RESDING AT ANUGRAHA, 23/488, MARKET ROAD, NEAR MISSION SCHOOL, THRIPUNITHURA). R1 TO R4 BY ADVS. MR.K.K.CHANDRAN PILLAI, MR.A.S.SAJUSH PAUL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.6137 of 2009 - O --------------------------------- Dated this the 25th day of June, 2009 J U D G M E N T Petitioners 1 and 2 in the writ petition are the defendants in O.S.No.304/2008 on the file of the Munsiff Court, Vaikom. Third petitioner is the child of the 1st and 2nd petitioners. There was some proceeding in respect of the dispute covered by the suit before the Kerala Womens Commission in which a settlement had been arrived at between the parties in an Adalat, is the case of the petitioners. Petitioners wanted the court where the suit is pending, to take note of the settlement purported to have been arrived in the Adalat. Without taking note of the same the trial of the suit is being proceeded with, is canvassed in the writ petition to seek a declaration from this Court that the settlement arrived, a copy of which is produced as Ext.P2, has the force of law and for other reliefs. At the time of hearing, learned counsel for the petitioners submitted that the petition is not pressed and it may be disposed reserving the rights of the petitioners under the award to seek appropriate relief. If at all there is an award as W.P.(C).No.6137 of 2009 - O 2 claimed by the petitioner which has binding force, even without any observation by this Court, it is open to the petitioners to pursue the right under such award before any forum, as provided by law. Subject to the above observation this writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-