IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 572 of 2002()
1. JERVAS CHRISTIC BAI, MANAGING PARTNER
... Petitioner
Vs
1. CENTRAL BANK OF INDIA, REPRESENTED BY
... Respondent
2. M/S.SAGARA SAMPATH COMPANY KUREEPUZHA,
3. JOHN JERVEAS FERNANDEZ,
4. RAJAN JERVEAS FERNANDEZ,
5. KALEEKAL NARAYANA PILLAI
6. RAYMOND HILLARIOUS,
7. MANAPPALLIL VARUGHESE ISSAC,
8. JERVEAS HERBERT FERNANDEZ,
9. A.THRESIA, VAYALAM MODIYIL,
10. STANCIE CHRISTIE, VAYALAN KODIYIL,
11. MARY HELEN JOSEPH, VALIYA VEEDU,
12. RAYMOND JOSEPH (R.JOSEPH),
For Petitioner :SRI.PHILIP ANTONY CHACKO
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.BHASKARAN NAMBIAR (RETD.JUDGE)
SHRI K.J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE)
Dated :27/07/2009
O R D E R
JUSTICE V.BHASKARAN NAMBIAR
(RETD. JUDGE, HIGH COURT OF KERALA)
&
SRI.K.J.THOMAS STANELY
(RETD. DISTRICT JUDGE)
=============================
A.S.Nos. 572 of 2002, 211 of 1993, 267 of 1996
&
R.F.A.No.91 of 2003
==============================
Dated this the 27th day of July, 2009
AWARD
Counsel for the appellants and respondents are present. The
matter has been settled and a compromise petition has been filed.
The Compromise petition will form part of the Award. No amount is
due to the respondent. The documents received from the lower court
and produced in A.S.572/2002 will be returned to the appellant's
counsel as early as possible. All appeals were filed as indigent.
Therefore, in view of the fact that the matter is settled, no court fee is
payable in the light of the decision in A.S.222/1995 dated 4th August,
1995. It is agreed that R.F.A.91/2003 has become infructuous and
therefore, it is dismissed.
An Award is passed accordingly.
V.BHASKARAN NAMBIAR
(RETD. JUDGE, HIGH COURT OF KERALA)
K.J.THOMAS STANELY
(RETD. DISTRICT JUDGE)
dvs
? IN THE HIGH COURT OF KERALA AT ERNAKULAM
+Crl.MC.No. 2385 of 2009()
#1. MELON LIBERA, W/O. JAMIL, AGED 36,
... Petitioner
2. MILANI D'SILVA, W/O. DENNIS D SILVA,
3. DENNIS D'SILVA, S/O. JOHN D'SILVA,
Vs
$1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. RASHMI DELTON, W/O. DELTON, AGED 27,
! For Petitioner :SRI.S.SHYAM
^ For Respondent : No Appearance
*Coram
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
% Dated :23/07/2009
: O R D E R
M.Sasidharan Nambiar, J.
————————–
Crl.M.C.No.2385 of 2009
————————–
ORDER
Petitioners are respondents in M.P.No.2086/2009
on the file of Judicial First Class Magistrate’s
Court, Paravur filed by second respondent under
Section 12 of Protection of Women from Domestic
Violence Act. This petition is filed under Section
482 of Code of Criminal Procedure to quash the
proceedings as against the petitioners contending
that second respondent is not an aggrieved person
and her husband is not impleaded in the petition
before the Magistrate and second respondent is not
entitled to claim a residential order in respect of
the property of the petitioners and therefore, the
case as against them is to be quashed. Reliance
was placed on the decisions of the Apex Court in
S.R.Batra v. Taruna Batra ((2007) 3 SCC 169) and
Vimalben Ajitbhai Patel v. Vatslaben Ashokbhai
Patel (2008 (2) KHC 396).
CRMC 2385/09 2
2. On hearing the learned counsel, I find no
reason to interfere with the proceedings pending
before the learned Magistrate in exercise of the
powers under Section 482 of Code of Criminal
Procedure. Petitioners are entitled to canvass all
the grounds agitated in this petition before the
Magistrate.
Petition is dismissed.
23rd July, 2009 (M.Sasidharan Nambiar, Judge)
tkv