IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21078 of 2010(R)
1. NIZAR @ NIZARUDEEN,S/O.ALIKUNJU,
... Petitioner
Vs
1. NAZARUDEEN,S/O.SULAIMANKUNJU,
... Respondent
For Petitioner :SRI.A.AHZAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :07/07/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P.C.No.21078 of 2010
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Dated this the 7th day of July 2010
J U D G M E N T
Basant,J
The petitioner herein is the 3rd respondent in an original
petition pending before the Family Court, Kollam. That
proceedings has been initiated by the husband against his
divorced wife and two others. The prayer is to set aside a
document executed by the wife in favour of the mother-in-law of
the petitioner herein. The mother-in-law of the petitioner and
the petitioner are arrayed before the court below as respondents
2 and 3. The O.P was filed in 2009. The same is pending even
now.
2. The short prayer of the petitioner is that there may be
an expeditious out of turn disposal of O.P.No.762/2009 pending
before the Family Court. The contention of the petitioner and
his mother-in-law that the Family Court has no jurisdiction has
been found against. The petitioner prays that there may be a
direction for expeditious out of turn disposal of O.P.No.762/2009
as an item of property purchased by him bona fide from the
W.P.C. No.21078/10 : 2 :
divorced wife is involved in the litigation and there is an
unnecessary attachment over the property.
3. Did the petitioner move the court below? If so, why
did the court below not entertain the request? It is now
conceded that no application to that effect has been made before
the Family Court. We must deprecate the practice of the parties
running to this Court with applications for out of turn disposal of
the pending matters before the courts below. It is for the
petitioner to move that court showing all the relevant reasons for
an out of turn expeditious disposal. Such request, if any made,
must certainly be considered by the Family Court. In the facts
and circumstances of this case, we find absolutely no reason to
invoke our extraordinary constitutional jurisdiction under Article
226 of the Constitution of India to issue any directions regarding
expeditious disposal.
4. In the result, this writ petition is dismissed. Needless
to say, if the petitioner files an application showing the reasons
for his prayer for out of turn expeditious disposal of his case, the
Family Court must consider such request and pass appropriate
orders. Needless further to say that if the petitioner is aggrieved
W.P.C. No.21078/10 : 3 :
by such orders, the petitioner’s option to seek legal remedies will
not be fettered by the dismissal of this petition.
5. Hand over copy of this order to the learned counsel
for the petitioner.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
jsr
// True Copy// PA to Judge
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W.P.C. No.21078/10 : 5 :
R.BASANT & M.C.HARI RANI, JJ.
.No. of 200
ORDER/JUDGMENT
29/07/2009