IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 OP.No. 23560 of 2002(D) ----------------------- PETITIONER: ------------ JO.V.GEORGE, AGED 28 YEARS, RESIDING AT VATHALLOOR HOUSE, PONADUKARA, LALAM, KAROOR, KOTTAYAM DISTRICT BY ADV. SRI.M.NARENDRA KUMAR SRI.SALISH ARAVINDAKSHAN RESPONDENTS: ---------------- 1. JAINAMMA BABU W/O. BABU, NJAVALLIL CHOORANATTU, KAROOR, KOTTAYAM DISTRICT 2. BABU T.C. S/O.CHANDY, NJAVALLIL CHOORANATTU, KAROOR, KOTTAYAM DISTRICT 3. DISTRICT COLLECTOR, KOTTAYAM 4. DEPUTY TAHSILDAR, REVENUE RECOVERY OFFICE, CIVIL STATION, PALA. 5. VILLAGE OFFICER, VILLAGE OFFICE, PALA. BY THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 23560 OF 2002 C.M.P. No. 40160 OF 2002 IN O.P. No. 23560 of 2002 DISMISSED 09.01.08 SD/- PIUS C. KURIAKOSE, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE REVENUE RECOVERY NOTICE. EXT.P2 : TRUE COPY OF THE PLAINT IN OS NO.77/02 IN THE COURT OF MUNSIFF, PALA. EXT.P3 : TRUE COPY OF THE IA NO.402/02 IN THE COURT OF MUNSIFF, PALA. EXT.P4 : TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS 3 TO 5. /TRUE COPY/ PA TO JUDGE. PIUS C. KURIAKOSE, J. ------------------------------- O.P. No. 23560 OF 2002 ----------------------------------- Dated this the 9th day of January, 2008 JUDGMENT The grievance of the petitioner is that property belonging to him is proposed to be sold in revenue sale for a debt owed by somebody else. Voicing his grievance, the petitioner approached the Civil Court and in the Civil Court through the Government Pleader a statement was filed, which was to the effect that there is no proposal to proceed against the petitioner's property to which the petitioner is claiming title under two documents. The learned Munsiff dismissed the application for temporary injunction filed by the petitioner. Since copy of the order dismissing the temporary injunction application is not produced, it is not possible to discern as to what were the reasons which weighed with the learned Munsiff. I assume that the learned Munsiff thought that injunction was not necessary in view of the stand taken by the Government before the Court through the objection statement. Whatever that be, the instant Original Petition has been filed by the petitioner saying that he was not able to obtain a certified copy of the order of the learned Munsiff so as to enable him to challenge the same in the appellate court. The Original Petition was filed way back in 2002. By this time, the petitioner would have received the certified copy. I OP No. 23560 of 2002 2 dispose of the Original Petition without deciding the case on the merits of the grounds raised, relegating the petitioner to his remedies under the Civil Procedure Code on the order passed by the learned Munsiff. However, there will be a further order that the order of stay passed by this Court on 14.08.02 will continue for another two months from today. PIUS C. KURIAKOSE, JUDGE btt OP No. 23560 of 2002 3