LAWS(KER)-2012-9-478

SINKOCHAN Vs. LIJI

Decided On September 10, 2012
Sinkochan Appellant
V/S
Liji Respondents

JUDGEMENT

(1.) It appears to us that there are elements of genuineness in the grievance voiced by the petitioner who is the respondent in OP. 863/08 on the files of the Family Court, Kollam. As we are granting only limited relief, we are inclined to dispose of the OP at this stage itself without issuing notice to the respondent. The grievance of the petitioner is that the Family Court, Kollam is not finally disposing of Ext. P4. Ext. P4 is an application for restoration submitted by the first respondent. The matter is urgent for the petitioner as the petitioner's property is under attachment. According to the learned counsel for the petitioner, the first respondent is never getting ready to adduce evidence in Ext. P4 with the result that Ext. P4 is simply kept pending and the petitioner's property continues to be under attachment. Under the above circumstances, we dispose of the OP in the following terms:

(2.) The Family Court will expedite matters in Ext. P4. Ext. P4 will be finally disposed of by the learned Family Court in accordance with law. If either party is desirous of adducing evidence in Ext. P4 opportunity will be given to the parties for adducing such evidence. Peremptory orders will be passed by the Family Court regarding adduction of evidence by the parties. It should be ensured at any rate by the learned Family Court that Ext. P4 is finally disposed of within four months of receiving a copy of this judgment.