Kerala High Court
WP(C)/38052/2008 of SABU JACOB Vs BISY SABU on 26 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38052 of 2008(S) -------------------------- AGAINST THE ORDER DATED 01/12/2008 IN IA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930
WP(C).No. 38052 of 2008(S)
--------------------------
AGAINST THE ORDER DATED 01/12/2008 IN IA 6323/2008 IN
OP.1638/2008 of FAMILY COURT,ERNAKULAM
....................
PETITIONER:
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SABU JACOB,AGED 40 YEARS, S/O.K.I.CHACKO
KALAPPURAYIL HOUSE, KAKKADU P.O.PIRAVOM VILLAGE, PIRAVOM.
BY ADV. SRI.C.P.PEETHAMBARAN
RESPONDENT:
---------------
BISY SABU, AGED 37 YEARS,W/O.SABU JACOB, KALAPPURAYIL HOUSE, KANOLI ROAD, PAZHOOR P.O.
PIRAVOM VILLAGE, PIRAVOM.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
THOTTATHIL B.RADHAKRISHNAN & ANTONY DOMINIC, JJ----------------------------------------------------------------W.P.(C).NO.38052 of 2008 - S
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Dated this the 26[th] day of December, 2008
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J U D G M E N T--------------------
Thottathil B. Radhakrishnan, J
The impugned Ext.P3 is an order of interim injunctiongranted in favour of the petitioner and passed ex-parte his wife -respondent in the proceedings before the Family Court. Thepetitioner, on the assertion that a business activity of a vehicleservice station exclusively belongs to him sought for an injunctionagainst tresspass, obstructing the business activities and forother reliefs. The learned Family Court Judge, on the basis of thematerials, issued the impugned interim order restraining therespondent from encumbering or alienating the suit property.The matter is listed before that court on 27.12.2008, even goingby the impugned interim order. We do not deem it necessary forthis Court to disturb the interim order in exercising the extraordinary jurisdiction under Article 227 of the Constitution ofIndia. This is all the more so, because the petitioner can requestthe Family Court for expeditious hearing on the larger relief sought for by him in the interlocutory application. Hence the writpetition is closed leaving the petitioner to request the FamilyCourt for expeditious disposal of I.A.No.6323/2008 inO.P.No.1638/2008. The learned Family Court Judge wouldconsider that request sympathetically.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
bkn/-
ANTONY DOMINIC,
JUDGE.