High Court Kerala High Court

Narendranath @ Nandu vs Neethu on 19 November, 2010

Kerala High Court
Narendranath @ Nandu vs Neethu on 19 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP (FC).No. 677 of 2010(R)



1. NARENDRANATH @ NANDU
                      ...  Petitioner

                        Vs

1. NEETHU
                       ...       Respondent

                For Petitioner  :SRI.P.HARIDAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :19/11/2010

 O R D E R
       PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
                      ------------------------
                   O.P.(F.C).No. 677 OF 2010
                      ------------------------

          Dated this the 19th day of November, 2010

                            JUDGMENT

Pius C.Kuriakose, J.

The only prayer made in this original petition is for

issuance of a direction to the Family Court, Thiruvalla, to issue

copies of certain interlocutory orders passed by the Family Court

and to defer the disposal of the original petitions pending before

that court. This Court called for the report from the learned

Judge of the Family Court. Accordingly, the report was submitted

before this court by the learned Subordinate Judge. On the

basis of that report, this Court passed the following order on

16/11/2010.

“We have perused the report dated

15/11/2010 submitted by the Family Court,

Thiruvalla. The learned counsel for the

petitioner prays for time to ascertain whether

copies have already been furnished. If not,

the petitioner shall take necessary steps to

take the copies from the court after

O.P.(FC).No.677/2010 2

complying with the necessary formalities.

Call on 19/11/2010. “

2. Today, the petitioner has filed I.A. No. 16070/2010

seeking amendment of the original petition so as to incorporate

the prayer for setting aside Exts.P5, P6 and P7 which are orders

passed by the Family Court in the I.As mentioned in the original

petition. We are not inclined to grant the amendment

application. We dispose of the original petition as having

become infructous. However, the remedy of the petitioner to

initiate separate proceeding for challenging Exts.P5, P6 and P7

produced along with the amendment application is not

foreclosed. If the learned Judge of the Family Court has not

passed judgment in O.P.Nos. 897 & 898/2008 already, the

learned Judge will defer delivery of the judgment in those two

original petitions for a period of seven days from today.

PIUS C.KURIAKOSE,JUDGE

K.SURENDRA MOHAN, JUDGE
dpk