Bakker K.K vs Remya Gopi

Anil K.Narendran, J.

The petitioners, who have filed I.A.No.7680 of 2022 in I.A.No.5389 of 2020 in O.P.No.2575 of 2020 before the Family Court, Ernakulam, a claim petition filed under Order XXI Rule 58 of the Code of Civil Procedure, 1908 to lift the order of attachment dated 18.02.2022 on the properties referred to in that claim petition, are before this Court in this original petition filed under Article 227 of the Constitution of India, seeking an order directing the Family Court, Ernakulam to adjudicate and dispose of Ext.P1 claim petition, i.e., I.A.No.7680 of 2022, within a time frame, preferably on or before 23.02.2023 in the interest of justice.

On 20.02.2023, when this original petition came up for admission, we noticed that despite the order of this Court dated 30.09.2022 in O.P.(FC) No.318 of 2022, Registry has numbered this original petition without insisting production of the copy of the original petition pending before the Family Court, counter affidavit, if any, filed in that original petition, etc. as exhibits.

Paragraph 2 of the order dated 30.09.2022 in OP(FC) No.318 of 2022 reads thus;

“2. When an original petition is filed invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India challenging an order passed by the Family Court on an interlocutory application, a copy of the original petition and the said interlocutory application along with copy of the counter, if any, filed in that original petition and interlocutory application shall be produced as exhibits before this Court.”

By the order dated 20.02.2023, Registrar (Judicial) was directed to get an explanation from the concerned Filing Scrutiny Officer.

Today, when this matter is taken up for consideration, the explanation dated 21.02.2023 of the concerned Filing Scrutiny Officer is placed on record, wherein it is stated that due to an oversight, she omitted to notice that copy of O.P.No.2575 of 2020 and other connected documents are not produced along with this O.P.(FC).

We strongly deprecate the casual approach of the concerned Filing Scrutiny Officer in numbering this O.P.(FC) showing scant regard to the direction contained in the order dated 30.09.2022 in O.P.(FC) No.318 of 2022, which was reiterated in the subsequent orders.

Today when this matter is taken up for consideration, the petitioners have filed I.A.No.1 of 2023 to accept a copy of O.P.No.2575 of 2020 on the file of the Family Court, Ernakulam as Ext.P3.

Heard the learned counsel for the petitioners.

For an early disposal of I.A.No.7680 of 2022, the petitioner filed I.A.No.5 of 2023 (Ext.P2). In paragraph 3 of the statement of facts the petitioners have stated that the Family Court dismissed I.A.No.5 of 2023, by an order dated 08.02.2023. Without challenging that order of the Family Court, the petitioners have filed this O.P.(FC) seeking disposal of I.A.No.7680 of 2022, the claim petition filed under Order XXI Rule 58 of the Code of Civil Procedure, within a time frame, preferably on or before 23.02.2023.

On a query made by this Court, the learned counsel for the petitioners would submit that the petitioners are yet to make an application for certified copy of the order dated 08.02.2023 in I.A.No.5 of 2023 in O.P.No.2575 of 2020.

In view of the order of the Family Court dated 08.02.2023, the petitioners cannot invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India for a time bound consideration of I.A.No.7680 of 2022, without challenging the said order. On that sole ground, this original petition fails and the same is accordingly dismissed; however without prejudice to the right of the petitioners to challenge that order after obtaining a certified copy of the same.

In case, the petitioners make an application for certified copy the order dated 08.02.2023 in I.A.No.5 of 2023 in O.P.No.2575 of 2020, the Family Court shall issue the same within two days.