THAHIRA SHANAVAS Vs. SAJU VARGHEESE

JUDGEMENT

(1.) This original petition is filed seeking directions to the Family Court, Kottarakkara to pass orders in IA No.1321/2014 in OP No.794/2014, on an early basis, within a time frame to be fixed.

(2.) The petitioner herein is the claimant in IA No.1321/2014, who is not a party in the original petition. The original petition was instituted by the 1st respondent herein against the 2nd respondent, seeking declaration of title and possession over the scheduled property. It is stated that, the Family Court had passed an order on 29 -08 - 2014 directing the parties in the said case to maintain status -quo with respect to the property which was purchased by the petitioner herein prior to the above said order passed on 11 -08 -2014, by virtue of a registered Sale Deed No.2514/14 of SRO, Chadayamangalam. According to the petitioner, the interim order of status -quo is affecting his peaceful and fruitful enjoyment of the property. Hence the petitioner is approaching the Family Court seeking for vacating the order or status -quo. It is stated that IA No.1321/2014 was filed as early as in October, 2014. But the Family Court has not disposed of the matter till today, is the grievance.

(3.) When the above case came up for consideration we directed the Registry to call for a report from the Family Court with respect to the maximum time required for disposal of the said petition. The report received from the learned Judge of the Family Court, Kottarakkara would indicate that IA No.1321/2014 stands now posted to 11 -12 - 2015, along with OP No.794/2014. According to the learned Judge, considering the heavy work of pendency of old cases in that court 6 months time is required to dispose of the claim petition.