Court directs consideration of pending evidence reopening application before final judgment.

ZIYAD RAHMAN A.A., J.

The petitioner is the 1^st respondent in O.P No.47/2020 on the files of the Family Court, Pathanamthitta, which was filed by the 1^st respondent herein for recovery of gold ornaments and money from the petitioner and the 2^nd respondent herein.

2. The grievance of the petitioner is that, when the matter came up for consideration on 17.02.2026, the evidence of the petitioner was closed without providing an opportunity to the petitioner. According to the petitioner, he could not attend the said hearing due to some health issues, and the evidence of the petitioner was closed in such circumstances. Immediately thereafter, the petitioner submitted Ext.P3, which is I.A.No.2/2026, for reopening the evidence, which is now pending consideration. According to the petitioner, before passing an order in Ext.P3, the proceedings in the Original Petition is likely to be completed as the matter is now posted for final hearing. At this juncture, this Original Petition is submitted by the petitioner seeking for a direction to the Family Court, Pathanamthitta, to consider Ext.P3 application submitted by the petitioner. Since the relief sought by the petitioner is consideration of Ext.P3 application, we are of the view that the Original Petition can be disposed of without issuing notice to the respondents. Since the application of the petitioner for reopening of the evidence is now pending consideration, it is only proper that a decision thereon be taken by the Family Court, before final orders are passed in the Original Petition.

In such circumstances, this Original Petition is disposed of directing the Family Court, Pathanamthitta, to consider I.A.No.2/2026 in O.P.No.47/2020, after hearing all the parties and pass appropriate orders within a period of one month from the date of receipt of a copy of this judgment. It is further ordered that the final order in the Original Petition shall be passed only after the order in Ext.P3 is passed.