High CourtsSingle Bench(2020) 12 KL CK 0181

Sindhu vs Sheeja And Anr

High Court Of Kerala · Decided on 11 December 2020

HON’BLE JUDGES
Shircy V., J
RESULT
Disposed Of
CASE NUMBER
Original Petition (Civil) No. 1746 Of 2020

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Judgment

18 paragraphs · 386 words
1.

The petitioner, who is the 2nd respondent in O.P. No.1845 of 2018 pending before Family Court Thrissur, has filed this petition seeking a direction

to the court below for speedy disposal of the same.

2.

The learned counsel for the petitioner has submitted that in fact she has purchased certain property from the 1st respondent in O.P. No. 1845 of

2018 even before the filing of that O.P. But her property had been attached in the O.P. filed by the wife of the 1st respondent who is the respondent

herein. As the property has been purchased by this petitioner long before the dispute between the husband and wife and before the filing of the O.P.,

the said transaction has nothing to do with the dispute between them in the proceedings before the Family Court. But because of the attachment order

passed by the court below, the petitioner is so much prejudiced and hence she has approached this court for a direction to the court below for a

speedy disposal of the case. It is also submitted that the petitioner has already filed her objection before the court below.

3.

As directed by this court, the Registry has called for a report from the learned Judge, Family Court Thrissur, with respect to the time required for

disposal of this case.

4.

As per the report dated 01.12.2020, the learned Judge, Family Court, Thrissur has stated the status of the case as well the pendency of the other

cases between the husband and wife. But it is to be noted that the dispute pending between the husband and wife has nothing to do with this case as

this petitioner is a purchaser of the property owned by the husband long before the litigation between them. However, the learned Judge, Family Court,

Thrissur has sought for six months time for disposal of this OP. In view of this report, I think that this O.P. can be closed giving a direction to the court

below to dispose of the case within the time suggested by the learned Family Court Judge.

Therefore, O.P. No.1845 of 2018 shall be disposed of by the learned Judge, Family Court Thrissur within a period of six months from the date of

receipt of a copy of this Judgment.

This O.P. is disposed of accordingly.