IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29816 of 2009(R)
1. JOSE K.J, S/O.JOSEPH, KOLLASSERIL HOUSE
... Petitioner
Vs
1. KATHREENA @ JAISSAMMA
... Respondent
For Petitioner :SRI.K.SHRIHARI RAO
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :22/10/2009
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.(C)No.29816 OF 2009 R
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DATED THIS THE 22nd DAY OF OCTOBER, 2009
J U D G M E N T
Basant, J.
The short grievance of the petitioner is that I.A.No.668/09
in O.P.No.274/2009 was filed by him before the Family Court and
no orders were passed in the said application, to his knowledge.
He came to know that some orders have been passed on
19.9.2009. He has applied for a copy on 20.10.2009. Copy has
not been furnished to him. He has a further grievance that he
has filed an application for joint trial of O.P.No.274/2009 and
O.P.No.667/09. No orders have been passed thereon and the
court is about to proceed with the trial of both these cases
separately on 24.10.2009. It is in these circumstances that the
petitioner has rushed to this Court with this Writ Petition.
2. We do not find any merit in the grievance of the
petitioner. I.A.No.668/09, it appears, was filed as early as on
23.3.2009. It is not explained, why orders were not sought
earlier. Further, it is seen that the order in that I.A., according to
the petitioner was passed on 19.9.2009. It is not explained why
W.P.(C)No.29816/09 -2-
copy application was filed only on 20.10.2009. Both matters
stand posted to 24.10.2009 for trial admittedly. It is not
explained to the Court, on what date these matters were posted
for trial to 24.10.2009. The parties have to get ready for trial on
24.10.2009 and on the eve of such date of trial, on 20.10.2009,
an application for copy of the order in I.A.No.668/09 and a
further application for joint trial is filed and a grievance is raised
before this Court that copy has not been furnished and that no
orders have been passed on the application for joint trial.
3. Reading between the lines, the impression is
irresistible that the present one is only a transparent attempt to
avoid the responsibility to get ready for trial on 24.10.2009. We
do not in these circumstances find any merit in this Writ Petition.
The same does not deserve to be admitted.
4. Needless to say, copy of the order in I.A.No.668/09
must be furnished to the petitioner by the court below as
expeditiously as possible – at any rate within a period of seven
days from this date, if a proper and emergent copy application
has been filed. Needless, further to say that the application for
W.P.(C)No.29816/09 -3-
joint trial, though filed belatedly, must also be disposed of before
the trial is commenced.
5. With the above observation, this Writ Petition is
dismissed.
R.BASANT, JUDGE.
M.C.HARI RANI, JUDGE.
dsn