SHEEJA ANTONY Vs. RAJEEV THOMAS

JUDGEMENT

(1.) In view of the limited relief sought for in this original petition and in view of the relief proposed through this judgment we think it not necessary to issue notice to the respondents. Hence the above original petition is disposed of at the stage of admission itself.

(2.) The petitioner is seeking direction to the Family Court, Kottayam at Ettumanoor to examine one witness cited in the schedule of witnesses filed by the petitioner, on any day before 26-12-2018, in O.P No.300/2016 which is jointly tried with some other cases. The petitioner herein is the petitioner in O.P No.300/2016 which is tried along with the connected cases. It is stated that the court below had appointed an Advocate Commissioner for examination of the witnesses, before whom the petitioner was already examined in part. It is stated that the examination of the petitioner, which started on 13-11-2018 was dragged till 16-11-2018 and the counsel for the respondent had continued the cross-examination in an indefinite manner, which the Advocate Commissioner could not control or curtail. The witness cited by the petitioner namely Sri. Antony Thomas, S/o. Thomas Cherian is intending to leave India to his place of employment abroad on 26-12-2018. Therefore the petitioner herein filed I.A. No.2428/2018 in O.P. No.300/2016 seeking permission from the Family Court for completing the examination of petitioner as well as for examination of the witness, in the open court, by setting aside the appointment of the Commissioner. Exhibit P2 is the copy of the said interim application. The petitioner had also filed another application seeking permission for service of summons to the witnesses by hand.

(3.) Grievance of the petitioner is that, the court below is not passing any orders on Ext.P2 and on the other interim application filed, but only posted those petitions for consideration to 21-01-2019, awaiting report of the Advocate Commissioner. Taking note of the urgency in the matter, the petitioner is approaching this court invoking the supervisory jurisdiction vested under Article 227 of the Constitution of India for getting direction as mentioned above.