IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 OP(C).No. 1525 of 2011(O) ------------------------- O.S.NO.105/2007 OF II ADDL. SUB COURT, ERNAKULAM PETITIONER (S): -------------------- UNNIKRISHNAN.E.K. S/O.LATE KRISHNAN ACHARI KUTTIKKATTU HOUSE THEKKUMBHAGAM VILLAGE KANAYANNUR TALUK, ERNAKULAM DT. PIN 682 301. BY ADV. SMT.S.A.SHERLY RESPONDENT(S): --------------- 1. C.M.DEEPU MON S/O.MONI KAVITHALAYAM T.T.H.ROAD TRIPUNITHURA, PIN 682 301. 2. MONI S/O.LATE KRISHNAN ACHARI KAVITHALAYAM T.T.H.ROAD TRIPUNITHURA, PIN 682 301. 3. PONNAPPAN.E.K. S/O.LATE KRISHNAN ACHARI EDASSERIPARAMBU SNDP YOGAM ROAD CHOTTANIKKARA, KUREEKAD.P.O. THIRUVANKULAM, PIN 682 305. 4. K.RAJU S/O.LATE KRISHNAN ACHARI KUTTIKKATTU HOUSE CHOWKAKKADAV VAZHI MLA ROAD, NADAKKAVU.P.O. ERNAKULAM DISTRICT, PIN 682 307. OPC 1525/2011 5. OMANA.E.K. D/O.LATE KRISHNAN ACHARI NADUKKUDIPARAMBIL HOUSE KAIPPOORIKKARA MARAMPILLI.P.O. ERNAKULAM DISTRICT 682 303. 6. SARASWATHI D/O.LATE KRISHNAN ACHARI KUTTIKKATTU HOUSE THEKKUMBHAGAM VILLAGE KANAYANNUR TALUK ERNAKULAM DISTRICT, PIN 682 301. 7. GOPALAKRISHNAN S/O.LATE KRISHNAN ACHARI KUTTIKKATTU HOUSE KAROTHUPARAMB THEKKUMBHAGAM VILLAGE KANAYANNUR TALUK ERNAKULAM DISTRICT, PIN 682 301. 8. HARILAL S/O.LATE KRISHNAN ACHARI KUTTIKKATTU HOUSE THEKKUMBHAGAM VILLAGE KANAYANNUR TALUK ERNAKULAM DISTRICT, PIN 682 301. 9. JANAKI S/O.LATE KRISHNAN ACHARI KUTTIKKATTU HOUSE KAROTHUPARAMB THEKKUMBHAGAM VILLAGE KANAYANNUR TALUK ERNAKULAM DISTRICT, PIN 682 301. 10. SAVITHRI W/O.LATE DHANAPALAN MELAPPILLIL HOUSE PAINGARAPARAPPILLI.P.O. MULANTHURUTHI ERNAKULAM DISTRICT 682 302 11. DHANIL S/O.LATE DHANAPALAN MELAPPILLIL HOUSE PAINGARAPARAPPILLI.P.O. MULANTHURUTHI ERNAKULAM DISTRICT 682 302 OPC 1525/2011 12. DHANYA D/O.LATE DHANAPALAN PAINGARAPARAPPILLI.P.O. MULANTHURUTHI ERNAKULAM DISTRICT 682 302 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- O.P.(C).No.1525 of 2011 --------------------------------------- Dated this the 12th day of April, 2011 JUDGMENT The relief prayed for in this Original Petition is to stay the operation of Exhibit P2 decree in O.S.No.105 of 2007 on the file of the court of the Subordinate Judge of Ernakulam. O.S.No.105 of 2007 was filed by the first respondent against respondents 2 to 12 for specific performance of an agreement for sale. The suit was decreed by the trial court. The petitioner is not a party to the suit. The petitioner states that the property involved in O.S.No.105 of 2007 belonged to Krishnan Achari. The petitioner is the son of Krishnan Achari. He has fractional right in the property. It would appear that an agreement was executed by respondents 2 to 12 for sale of the property in favour of the first respondent. It is submitted that the rights of the petitioner cannot be affected by the decree in O.S.No.105 of O.P.(C) No.1525 of 2011 2 2007. The petitioner apprehends that he would be ousted from the property. The petitioner says that he is residing with family in the house in the property. If the petitioner is not a party to the suit, he is not bound by the decree. To protect the interests of the petitioner, he has got several legal remedies. The Original Petition under Article 227 of the Constitution of India is not the legal remedy which is available to the petitioner at this stage. Leaving open the right of the petitioner to approach the appropriate forum in the appropriate manner, this Original Petition is dismissed. K.T.SANKARAN JUDGE csl