IA/1/2021 IN LA.App. 1153/2010 1 / 5 € IN THE HIGH COURT OF KERALA AT ERNAKULAM Present: THE HONOURABLE MR.JUSTICE C.S.DIAS Friday,the 9 th day of April 2021/19 th Chaithra, 1943 IA 1/2021 IN LA.App. 1153/2010 Against LAR No.184/2000 of the III ADDITIONAL SUB COURT, ERNAKULAM PETITIONER/APPELLANT SAROJAM, AGED 84 YEARS, W/O.T.A.RETNA KUMARAN,THAIKKOTTATHIL HOUSE, SRINJAPURAM,KODUNGALLOOR,THRISSUR DISTRICT. RESPONDENTS/RESPONDENTS 1. K.K. JAYAKESHAN ,(DIED) KALLARICKAL HOUSE, PANAMPUKADU, €€€€€€€ € € VALLARPADAM, PIN-682031.€ 2. K.K. RAJU, KALLARICKAL HOUSE, PANAMPUKADU, €€€€€€€ € € VALLARPADAM, PIN-682031.€ 3. STATE OF KERALA REP.BY SPECIAL TAHSILDAR(LA) GENERAL,ERNAKULAM,COCHIN-30. 4. REMA, €€€€€€ W/O. LATE SRI. K.K. JAYAKESAN, KALLARICKAL HOUSE, PANAMPUKADU, € € € € € € VALLARPADAM, PIN-682031.€€ 5. JAYALEKSHMI, D/O.-do-do-€ 6. JAYAKUMAR, S/O. -do-do- 7. SREEKUMAR, S/O. -do- 8. KUNJULEKSHMI, € € €D/O. KUNJAN, €KALLARICKAL HOUSE, PANAMPUKADU, 9. SYAMALA, € € €€D/O. KUNJAN, €KALLARICKAL HOUSE, PANAMPUKADU,€ € € €€€VALLARPADAM, PIN-682031.€€€ 10. CHEMBAKAM,€ €€ € €€D/O. KUNJAN, €KALLARICKAL HOUSE, PANAMPUKADU,€ €€€€€€€ € €€VALLARPADAM, PIN-682031.€€€€ € €€€Application praying that in the circumstances stated in the a•davit ‚led therewith the High Court be pleased to communicate the judgment and Decree dated 04/10/2011 in the above appeal L.A.A. No. 1153 of 2010 to the Sub Registry O•ce, Ernakulam and Village For information purpose only IA/1/2021 IN LA.App. 1153/2010 2 / 5 O•ce, Mulavukad. € €€€This application coming on for orders upon perusing the application and the a•davit ‚led in support thereof, and upon hearing the arguments of M/S M.M.ABDUL AZIZ (SR.), JYOTHISH.J.KALLINGAL, M.A.ABDUL HAKHIM, Advocates for the petitioner and M/S K.S.RAJESH, M.SHAJU PURUSHOTHAMAN, Advocates for €R2, R4 to R10 and of GOVERMENT PLEADER for R3 , the court passed the following €€€€€€€ € € € € €€€For information purpose only C.S.DIAS,J - - - - - - - - - - - - - - - - - - - - - - - - I.A.No.1 of 2021 in LAA. No.1153 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of April, 2021 ORDER I.A.No. 1 of 2021 This is an application filed to communicate the judgment and decree dated 04.10.2011 passed in LAA No.1153 of 2010, to the Sub Registry Office, Ernakulam and also to the Village Officer, Mulavukad Village. 2. The petitioner has in the affidavit filed in support of the application stated that this Court by its judgment and decree dated 04.10.2011 allowed the appeal pursuant to the compromise arrived at between the parties as per IA No.3034/2011. However, the petitioner is unable to utilise the property since the decree is not recorded in the register and revenue records. Hence, it is necessary to communicate the judgment and decree to the above said offices. 2. Heard the learned counsel appearing for the For information purpose only I.A.No.1 of 2021 in LAA. No.1153 of 2010 2 petitioner and the learned Government Pleader appearing for R3. 4. The learned Government Pleader pointed out that this Court while disposing LAA No.1153/2010 has observed in Clause No.1 of the operative portion of the judgment that it is for the petitioner to move the revenue authorities for effecting mutation, if she is so advised. There cannot be any direction to the revenue authorities to effect mutation in view of the observation made in the judgment. 5. Taking note of the rival submissions and considering the averments in the affidavit filed in support of the application and also Section 89(5) of the Registration Act, 1908, I allow the application by directing the Registry of this Court to communicate the judgment and decree dated 04.10.2011 in LAA No.1153 of 2010 to the Sub Registry Office, Ernakulam and Village Office, Mulavukad. The petitioner shall pay requisite fee for For information purpose only I.A.No.1 of 2021 in LAA. No.1153 of 2010 3 communicating the judgment and decree to the above said offices. Needless to mention, as observed by this Court in the judgment dated 04.10.2011, the petitioner would be at liberty to move the concerned authorities for effecting mutation in the revenue records. Sd/- C.S.DIAS,JUDGE dlk 09.04.2021 /true copy/ Sd/- ASSISTANT REGISTRAR For information purpose only