IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 5TH JANUARY 2007 / 15TH PAUSHA 1928 Crl.Rev.Pet.No. 3997 of 2006(D) --------------------------------------------------- MC.68/2006 of 68/06 of SUB DIVISIONAL MAGISTRATE, CHENGANNUR .................... REVN. PETITIONERS/A PARTIES: 1. SIVAPRASAD, S/O.NANU, PLANTHARAYIL, PADINJATTUMMURIYIL, VENMONY, ALAPPUZHA DISTRICT. 2. REJIKUMAR, S/O.SREEDHARAN, THURUTHITHEKKETHIL, DO.DO. BY ADV. SRI.C.T.RAVIKUMAR SMT.K.S.SAIRA SRI.A.ANILKUMAR RESPONDENTS/COMPLAINANT AND B PARTIES: 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CHELLAPPAN, S/O.CHATHAN, VATTAPPARAMBIL, PADINJATTUMMURI, VENMONY, ALAPPUZHA DISTRICT. 3. RAJAPPAN, S/O.RAGHAVAN, AISWARYA VEETTIL, PADINJATTUMMURIYIL, VENMONY, ALAPPUZHA DISTRICT. 4. NEELAMBARAN, S/O.THIRUVAN, THURUTHITHEKKETHIL, VENMONY VILLAGE, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR SRI.P.A.SALIM SRI.K.S.MOHAMED HASHIM THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/01/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. -------------------------- Crl.R.P.No. 3997 of 2006 -------------------------- ORDER 'A' parties in M.C.No.68/06, a proceedings under Section 145 of the Cr.P.C. before the Sub Divisional Magistrate's Court, Chengannur, are the revision petitioners. They impugne the correctness of the order passed by the Sub Divisional Magistrate, attaching the property, which is the subject matter of the proceedings under Sections 145 and 146 of the Cr.P.C. and directing the Village Officer, Venmony to be in possession of the property. 2. It is contended before me by the learned counsel for the petitioners that the suit O.S.No.387/02, instituted by 'B' parties against the predecessor in interest of the petitioners, was dismissed by the Munsiff's Court, Chengannur and the counter claim filed by the defendant therein was allowed and the plaintiffs in the said suit are CRRP 3997/06 2 directed to remove the stone lamps as well as other idols placed by them in the scheduled property involved in the counter claim. The counter petitioners in the counter claim, namely, the plaintiffs in O.S.No.387/02 are also permanently restrained from trespassing into the scheduled property involved in the counter claim and from committing any mischief as well as any religious activities inside the property of the defendant/ petitioner in the counter claim. All the same, the defendant in O.S.No.387/02, who was the petitioner in the counter claim in the said suit, is one Oommen Thomas. It is submitted that the present petitioners have purchased a portion of the scheduled property involved in the said suit, which is the subject matter of the proceedings before the Sub Divisional Magistrate's Court under Annexures 3 and 4 documents produced before this Court. It is also submitted that on the basis thereof, they have filed an impleadment petition to get themselves impleaded as additional respondents 2 and 3 in A.S. CRRP 3997/06 3 No.61/05 filed by the respondents before the Additional District Court, Mavelikara. Counsel for the respondents submits that they intend to assail the transfer in favour of the present petitioners. Thus, as matters stand, if at all possession has to be delivered over to the successful parties in O.S. No.387/02, it can be handed over only to Oommen Thomas, who is not a party to the proceedings before the Sub Divisional Magistrate's Court. In the circumstances, without prejudice to the petitioners moving the Additional District Court, Mavelikara in A.S.No. 61/05 as and when they are impleaded as additional respondents 2 and 3, to get orders for possession of a portion of the scheduled property, which is the subject matter of the proceedings before the Sub Divisional Magistrate's Court, this Crl.R.P. is disposed of. 5th January, 2007 (K.P.Balachandran, Judge) tkv