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Kerala High Court

Reji Renganath vs Lt.Col.Nisa Gopidas on 7 April, 2021

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque, Kauser Edappagath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                      &

           THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                         OP (FC).No.258 OF 2021

          AGAINST THE ORDER/JUDGMENT IN O.P.NO.661/2017
           DATED 20-02-2019 OF FAMILY COURT, ALAPPUZHA


PETITIONER/S:

                REJI RENGANATH, AGED 43 YEARS,
                S/O. P. RENGANATH, THRIKKARTHIKA,
                NEAR THIRUVILAKKU TEMPLE,
                AVALOOKKUNNU P.O., ARYAD,
                ALAPPUZHA-688006.

                BY ADVS.
                SMT.C.G.BINDU
                KUM.K.J.SARANYA RAJ

RESPONDENT/S:

                LT.COL.NISA GOPIDAS,
                AGED 41 YEARS, D/O. GOPIDAS,
                PALLIPARAMBIL, ARTHUNKAL P.O.,
                CHERTHALA, REPRESENTED BY POWER OF
                ATTORNEY HOLDER, SANITHA GOPIDAS,
                AGED 43 YEARS, W/O. RAJU,
                BHAGAVATHIKKAL, ARTHUNKAL P.O.,
                CHERTHALA, ALAPPUZHA-688524.


THIS OP (FAMILY COURT) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (FC).No.258/2021                2



                            JUDGMENT

Dated this the 7th day of April 2021 A.Muhamed Mustaque, J.

This original petition was filed challenging Ext.P6 order. The said order is passed in the application filed by the petitioner herein in a pending original petition for return of gold ornaments. The application was for serving interrogatories under Order 11 Rule 1 of the Code of Civil Procedure, 1908. That was partly allowed. The Family Court rejected the application in regard to certain interrogatories to be served on the respondent finding that those are unnecessary. The court found that those questions have no relevance to the matter in issue. Those questions, other than questions 10, 11, 16, 17 and 18, are irrelevant. We perused the other questions. On perusal of the other questions, we find that those questions have no relevance and the Family Court rightly rejected the application to serve interrogatories on those questions. We find no OP (FC).No.258/2021 3 jurisdictional error that is to be entertained by the court. Accordingly, the original petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE Sd/-

DR. KAUSER EDAPPAGATH JUDGE ln OP (FC).No.258/2021 4 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF MEMORANDUM OF OP NO.661/2017 DATED 31/08/2017 ON THE FILE OF FAMILY COURT, ALAPPUZHA.
EXHIBIT P2 TRUE COPY OF THE OBJECTION TO EXHIBIT P1 FILED BY THE PETITIONER HEREIN DATED 05/07/2018.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 12/10/2018 IN IA NO.1188/2018 IN OP NO.661/2017 ON THE FILE OF FAMILY COURT, ALAPPUZHA.
EXHIBIT P4 TRUE COPY OF THE PETITION IA NO.1957/2018 IN OP NO.661/2017 WITH INTERROGATORIES SOUGHT TO BE ANSWERED ON THE FILE OF FAMILY COURT, ALAPPUZHA DATED 01/12/2018.
EXHIBIT P5 TRUE COPY OF THE OBJECTION TO THE EXHIBIT P4 PETITION ON 17/01/2018.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 20/02/2019 IN IA 1957/2018 IN OP NO.661/2017 OF THE FAMILY COURT, ALAPPUZHA.
RESPONDENT'S EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE