AI Structured Summary
Not yet generated for this judgment
Judgment
K.M. Joseph, J.—The prayer in the writ petition reads as under:
to issue an order/direction directing the Family Court, Nedumangad to dispose of Exhibit P2 namely I.A. No. 2210 of 2010 in O.P. No. 1217 of 2010 on the basis of the objection (Exhibit P4) filed by the Petitioner finally within a time limit to be fixed by this Hon'ble Court in accordance with Order XXXIX Rule 3 and Rule 3A of the Code of Civil Procedure.
Briefly put, the case of the Petitioner is as follows:
Petitioner is the first Respondent in OP No. 1217/2010 on the file of the Family Court, Nedumangad. Respondents 1 to 4 herein are the Petitioners therein. Respondents 1 to 4 filed the original petition to restrain the Petitioner from trespassing into the plaint schedule property and from taking usufructs. Plaint schedule property was transferred in the name of Respondents 2 to 4 by the Petitioner after reserving life interest. Respondents 1 to 4 availed an order of exparte injunction from the Court. Petitioner filed objection to the injunction petition. He also filed an application to advance the O.P. But, the Family Court neither heard the matter nor considered the objections filed.
We heard the learned Counsel for the Petitioner. Petitioner has invoked the provisions of Order 39 Rule 3 and 3A of the Code of Civil Procedure. It is pointed out that the order of injunction was obtained on 7.10.2010. Ext. P4 is the objection filed in 2010.
In such circumstances, we direct the Family Court, Nedumangad to take up and consider I.A. No. 2210 of 2010 in O.P. No. 1217 of 2010 on the basis of the objection (Exhibit P4) filed by the Petitioner and take a decision thereon within a period of one month from the date of production of a copy of this judgment.