IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7364 of 2010(O)
1. SURESH, S/O.NEELAKANDAN ACHARY,
... Petitioner
Vs
1. NIZAR AHAMMED, S/O ABBAS,
... Respondent
2. HASEENA, AGED 35 YEARS, W/O.NIZAR
For Petitioner :SRI.JOHNSON GOMEZ
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :18/05/2010
O R D E R
THOMAS P JOSEPH, J.
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W.P.C.No.7364 of 2010
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Dated this 18th day of May, 2010
JUDGMENT
The petitioner, claiming that there is an agreement for
purchase of the suit property between himself and respondent No.1
as per an agreement dated 01-03-2007 has filed O.S.No.74 of 2007
before the Sub Court, Kottarakkara for specific performance of that
agreement for sale. In the meantime, respondent No.2 who is the
wife of respondent No.1 has filed O.P.No.195 of 2007 in the Family
Court, Kottarakkara for maintenance including arrears of
maintenance and attached the property. Petitioner filed
I.A.No.1246 of 2007 in O.P.No.195 of 2007 for his impleadment but
that application was dismissed by Ext.P7, order. Later, petitioner
has filed Ext.P9, claim petition in O.P.No.195 of 2007 claiming that
the said proceeding is the result of collusion between respondent
Nos.1 and 2 and when respondent No.1. The prayer in the petition
is to direct transfer of O.S.No.74 of 2007 to the Family Court,
Kottarakkara for disposal along with O.P.No.195 of 2007. Now
petitioner has amended the petition to issue direction to learned
Sub Judge, Kottarakkara to dispose of Ext.P5, suit as expeditiously
as possible. Learned counsel submits that if O.S.No.74 of 2007 is
W.P.C.No.7364 OF 2010
: 2 :
not disposed of immediately there is the possibility of divergent
findings being entered in O.P.No.195 of 2007 and Ext.P5 suit.
2. So far as the case of petitioner in respect of the claim
made by respondent No.2 as against respondent No.1 in the Family
Court is concerned, he has already taken up the matter in that
court by way of Ext.P9, claim petition, where he can agitate that
question. So far as disposal of O.S.No.74 of 2007 is concerned, I
make it clear that it will be open to the petitioner to request the
learned Sub Judge, if the pre-trial steps are over for expeditious
trial and disposal of that case. If any such request is made learned
Sub Judge shall consider the request on the facts and
circumstances of the case and pass appropriate orders.
With the above directions the writ petition is closed.
(THOMAS P JOSEPH, JUDGE)
Sbna/-