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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 19TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944 OP (FC) NO. 219 OF 2022 OP.NO.216/2021 OF FAMILY COURT, CHAVARA PETITIONERS/RESPONDENTS:
1 MAYA I. PILLAI AGED 41 YEARS, W/O. LAJUKUMAR, PUTHUSSERY HOUSE, KARUNAGAPPALLY VILLAGE, PADANAYARKULANGARA VADAKKUM MURI, KARUNAGAPPALLY P.O., KARUNAGAPPALLY TALUK.
PIN - 690518
2 LAJUKUMAR, AGED 47 YEARS, S/O. RAJAN, PUTHUSSERY HOUSE, KARUNAGAPPALLY VILLAGE, PADANAYARKULANGARA VADAKKUM MURI, KARUNAGAPPALLY P.O., KARUNAGAPPALLY TALUK.PIN
690518, PIN - 690518 BY ADVS.
P.HARIDAS RISHIKESH HARIDAS BIJU HARIHARAN SHIJIMOL M.MATHEW P.C.SHIJIN RESPONDENT/PETITIONER:
V.S. SANDHYA PILLAI, AGED 37 YEARS, W/O. MANOJ RADHAKRISHNA PILLAI, KARUNAGAPPALLY VILLAGE, PADANAYARKULANGARA VADAKKUM MURI, KARUNAGAPPALLY P.O., KARUNAGAPPALLY TALUK.
PIN 690518 THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
19.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
J U D G M E N T
A.MUHAMED MUSTAQUE, J.
This original petition is at the instance of the respondents in O.P.No.216 of 2021 on the file of the Family Court, Chavara. Petitioners raised an objection regarding maintainability of the above petition. It appears that, an order of injunction has been passed restraining the petitioners from evicting the respondent from the petition schedule property. The petitioners seek early disposal of I.A.No.2 of 2021 raising objection regarding maintainability. This Court called for a report from the Family Court.
2. Having considered the facts and circumstances of the case, we are of the view that, the objection raised by the petitioners regarding maintainability has to be considered after hearing both parties and appropriate orders shall be passed within a period of four weeks. 3. The Family Court shall also take up I.A.No.1 of
2021 filed by the respondent for injunction, after adverting to the objections of the petitioners herein along with I.A.No.2 of 2021.
This original petition is disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SOPHY THOMAS, JUDGE
APPENDIX OF OP (FC) 219/2022 PETITIONER'S EXHIBITS:
EXHIBITP1 TRUE COPY OF THE ORIGINAL PETITION IN OP NO. 216/2021 BEFORE FAMILY COURT, CHAVARA FILED BY THE RESPONDENT / PETITIONER DATED 15.3.2021 EXHIBITP2 TRUE COPY OF THE INJUNCTION APPLICATION IN I.A.NO. 1/2021 IN OP NO. 216/2021 FILED BY THE RESPONDENT BEFORE FAMILY COURT, CHAVARA DATED 15.3.2021.
EXHIBITP3 TRUE COPY OF THE ORDER OF INJUNCTION OF THE FAMILY COURT, CHAVARA IN O.P.NO.216/2021 DATED 16.03.2021.
EXHIBITP4 TRUE COPY OF THE PLAINT IN O.S.NO.
114/2021 BEFORE MUNSIFF COURT, KARUNAGAPPALLY DATED 15.03.2021 EXHIBITP5 TRUE COPY OF THE INJUNCTION APPLICATION IA NO. 1/2021 IN O.S.NO.114/2021 BEFORE MUNSIFF COURT, KARUNAGAPPALLY DATED
15.03.2021 EXHIBITP6 TRUE COPY OF THE ORDER OF INJUNCTION IN I.A. NO.1/2021 IN O.S.NO.114/2021 OF MUNSIFF COURT, KARUNAGAPPALLY DATED
17.3.2021 EXHIBITP7 TRUE COPY OF THE APPLICATION SEEKING TO HEAR THE MAINTAINABILITY OF THE O.P.NO.216/2021 BEFORE FAMILY COURT, CHAVARA DATED 13.4.2021 FILED BY THE 1ST PETITIONER EXHIBITP8 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT IN MAINTAINABILITY OF THE O.P.NO.216/2021 BEFORE FAMILY COURT, CHAVARA DATED NIL
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