MUHAMMED HANEEFA Vs. SHAMEERA, D/O.SHAMSUDEEN

JUDGEMENT

(1.) THE prayer in this petition is to direct the court below to have an expeditious disposal of C.M.P.No.8601/2012 in M.C.No.266/2012 on the file of the Judicial First Class Magistrate Court-II, Hosdurg and for a further direction to the said court to serve copies of the M.C.No.266/2012 and the orders passed thereon to the petitioner.

(2.) THE petitioner is the respondent in a petition instituted by the party respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005. An interim order was passed by the court below in C.M.P.No.8003/2012 in M.C.No.266/2012 dated 10/12/2012 directing the respondents in the said petition not to evict the petitioner therein from her shared house vide door No.17/361 of Udma Grama Panchayat, restraining the respondents therein from committing domestic violence against the petitioner and, directing the Station House Officer, Bekal Police Station to provide protection to the petitioner. Ext.P4 is the copy of the said order. It is averred that the said order was passed as an ex parte order and coming to know about the said order, an application was filed under Section 25 of the Act to vacate the order by the petitioner herein, Ext.P1 is the copy of the said application.

(3.) THIS Court by interim order dated 02/01/2013 ordered that the further action for implementing the order will be kept in abeyance for a period of one week and the Registry was directed to get a report from the court below also.