IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).NO. 21296 OF 2010(O) -------------------------- OS.521/2000 OF MUNSIFF COURT,ATTINGAL .................... PETITIONER(S): --------------- IBRAHIM MUSALIAR, S/O.KASSIM KUNJU LEBBA AGED 76, KALAYEE VEEDU, NEAR KOLLAYIL, UPS JUCTION CHITHARA VILLAGE, MADATHARA HAVING ALSO KULANGARA VEEDU, NANDAIVANAM,NAGAROOR, VILLAGE AND DESOM. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENT(S): --------------- 1. MUHAMMED ILLYAS S/O.MUHAMMEDE THAMPI, ERAMALLI VEEDU CHITHARA VILLAGE, MADATHARA HAVING ALSO KULANGARA VEEDU,NANDAIVANAM, NAGAROOR VILALGE AND DESOM 2. JAMAL MOHAMMED, S/O.KUNJUMEERAN, AGED 73 VAYAKKAL VEEDU, MADAPPATTU DESOM VELLALLOR VILLAGE PIN 695 601 3. MOHAMMED HANEEFA, S/O.KHADIR BAVA AGED 56, MANKADU VEEDU NAGAROOR DESOM AND VILLAGE, PIN 695 601 4. IBRAHIM KUNJU, S/O.ABDUL KHADER , AGED 66, MANZOOR MANZIL, NEAR VIRALOOR KAVU KODUVAZHANOOR VILLAGE PIN 695 601 5. ABOOBAKER, S/O.JAMAL MUHAMMED,AGED 48 VAYAKKAL VEEDU, MADAPPATTU DESOM VELLALLOOR VILLAGE PIN 695 601 6. UMARUDEEN, S/O.AHAMMED PILLAI,AGED 57 KULANGARA VEEDU, NANTHAIVANAM, NAGAOOR DESOM AND VILLAGE PIN 695 601 7. ABDUL REHMAN IBRAHIM, AGED 56 CHEKKALAYIL, NANTHAIVANAM, NAGAROOR DESOM AND VILLAGE PIN 695 601. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) 21296 of 2010 ==================================== Dated this the 09th day of July, 2010 J U D G M E N T This Writ petition is in challenge of Exts.P11 and P11(a), orders. Petitioner is plaintiff No.1 in O.S. No.521 of 2000 of the court of learned Munsiff, Attingal. That was a suit for framing a Scheme for administration of suit property wherein 'Khabaradi is installed. The property with Khabaradi belonged to Kulangara Family of which petitioner claimed to be the seniormost member entitled to administer property consequent to respondent No.1 who was the seniormost member becoming blind and unable to administer the property. In a co-lateral proceeding this Court in W.P(C) No.16802 of 2005 appointed petitioner as Receiver of the property. That order was sought to be reviewed by respondent No.1 by filing R.P. No.946 of 2005 which this Court dismissed on 20.12.2005. Thus petitioner was acting as Receiver of the property taking income therefrom. According to the petitioner extent of property is 96 cents (including two cents which is occupied by the Khabaradi). There was a dispute regarding extent and petitioner W.P(C) No.21296 of 2010 -: 2 :- filed W.P(C) No.4674 of 2006 in this Court. Respondent No.1 disputed the extent and according to him the land involved is only two cents. Petitioner filed I.A. No.384 of 2006 in the court below to permit him to surrender 94 cents and I.A. No.522 of 2006 to take possession of the same. Those applications were allowed as per orders dated 28.03.2006 and 21.03.2006 and the Amin was directed to deliver property to the petitioner. That was challenged by respondent No.1. In W.P(C) No.10947 of 2006 and that was allowed as per judgment dated 22.06.2006. Petitioner filed R.P. No.575 of 2006 for review of that judgment. That also was disposed of. Now challenge is against Exts.P11 and P11(a) orders. Evidence in the case is almost over. Hence there is no reason why this Court should interfere at this stage under Article 227 of the Constitution of India. If decision in the case is adverse to the petitioner on any point it is open to him to challenge the same before proper Forum in appeal. There is no reason why this Court should entertain this Writ Petition and further prolong the litigation. W.P(C) No.21296 of 2010 -: 3 :- Hence without prejudice to right of petitioner to challenge the adverse order against him in appropriate Forum while challenging the final decision in the case this Writ Petition is dismissed. THOMAS P. JOSEPH, JUDGE. vsv