High Court Kerala High Court

Uda vs Shine on 24 May, 2010

Kerala High Court
Uda vs Shine on 24 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA.No. 80 of 2010()


1. UDA, D/O. PONNAMMA,
                      ...  Petitioner
2. PONNAMMA, W/O. LATE DAMODARAN,]

                        Vs



1. SHINE, S/O. DAMODARAN, KOCHU BUNGLOW
                       ...       Respondent

                For Petitioner  :SRI.B.S.SWATHY KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI

 Dated :24/05/2010

 O R D E R
              A.K. BASHEER & P.Q. BARKATH ALI, JJ.

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                           M.F.A. 80 of 2010

           ------------------------------------------------------

                         Dated: MAY 24, 2010

                                 JUDGMENT

Basheer, J.

This appeal is directed against the order passed by the court

below on an interlocutory application. By the impugned order the

court below has directed that a sum of Rs.7500/- alone shall be

expended for maintenance of appellant No.2 and that appellant

No.1 shall deposit the balance amount out of the monthly pension that

is being received by appellant No.2 before the court. Appellant No.1

has been further directed to produce accounts of the amount that is

being spent on appellant No.2.

2. After arguing the case for some time learned counsel

submits that the appellants will be satisfied if a direction is issued to

the court below to dispose of the Original Petition without any further

delay.

3. Having regard to the peculiar facts and circumstances of the

case, we are satisfied that the above prayer is only just and

M.F.A. 80 of 2010
2

reasonable. Therefore while keeping the impugned order intact, we

direct the court below to dispose of the Original Petition as

expeditiously as possible, at any rate within three months from the

date of receipt of a copy of this judgment. It will be open to the

appellants to seek appropriate interim orders, if the situation so

warrants.

The M.F.A is closed.

A.K. BASHEER, JUDGE

P.Q. BARKATH ALI, JUDGE

mt/-