IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).NO. 25736 OF 2010(O) ------------------------------------------- CMA.20/2010 OF SUB COURT,KOTTARAKKARA OS.42/2010 OF MUNSIFF COURT, PUNALUR .................... PETITIONER(S): ---------------------- SASIDHARAN NAIR, S/O.N.NARAYANAN PILLAI, KUNNATHU VEEDU, AYOOR MURI, EDAMULAKKAL VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI.P.M.NEELAKANDAN RESPONDENT(S): ------------------------ 1. GOPALAKRISHNAN NAIR, PRIYA SADANAM FROM KUNNATHU VEEDU, AYOOR MURI, EDAMULAKKAL VILLAGE, AYOOR P.O.-691533. 2. SREEVALSALAN PILLAI, SREEVIHAR FROM PUTHEN VEEDU, KUPPOTTU, MUTHALA, KILIMANOOR, PALLIKKAL VILLAGE, THIRUVANANTHAPURAM-695601. 3. B.SEETHALAKSHMI, W/O.SREEVALSAN PILLAI, RESIDING IN -DO-, -DO-. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.25736 of 2010 ==================================== Dated this the 16th day of August, 2010 J U D G M E N T Plaintiffs in O.S. No.42 of 2010 of the court of learned Munsiff, Punalur challenges the order on I.A. No.235 of 2010 as confirmed in C.M.A. No.20 of 2010. Grievance of petitioner- plaintiff is that respondent Nos.2 and 3 are attempting to transfer disputed property pending suit for fixation of boundary. Learned Munsiff refused to grant injunction in view of certain earlier proceedings between parties allegedly fixing the boundary. Appellate court did not think it necessary to interfere with the impugned order. Hence this Writ Petition. Learned counsel for respondent Nos.1 to 3 states that respondent Nos.2 and 3 have sold their property to third parties on 31.07.2010. The submission is recorded. Transfer made is pending suit. Courts below have observed that transfer if any will not affect right claimed by petitioners in view of Section 52 of the Transfer of Property Act (for short ”the Act”). In the light of the submission made by learned counsel for W.P(C) No.25736 of 2010 -: 2 :- respondent Nos.2 and 3 and in view of the observation made by the courts below that the transfer (if any) is hit by sec.52 of the Act this Writ Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv