IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10433 of 2010(O) --------------------------------------- [OS.NO.235/1994 OF SUB COURT,KOCHI] .................... PETITIONER: ------------------- M.I.DAVOOD, S/O.MURUKKUMCHERIL ISMAIL, C.C.13/403, K.C.ROAD, CHULLIKKAL, THOPPUMPADY VILLAGE, KOCHI-5. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENT: ---------------------- MATTANCHERRY JEEVA MATHA CHURCH, (ROMAN CATHOLIC CHURCH), MATTANCHERRY, MATTANCHERRY VILLAGE, REPRESENTED BY ITS VICAR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.10433 of 2010-10 ------------------------------------- Dated 26th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the reliefs sought are as follows : “i. to issue a writ of mandamus compelling the District Court, Ernakulam to issue an order as prayed for in Ext.P9. ii. to issue a direction to the respondent as not to proceed with execution of the decree in OS No.235/94 including A schedule and B schedule in it. iii. to pass any other order or direction as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.” 2. The petitioner claims to be in possession and absolute ownership of 37 cents of land in Survey No.1269 of Mattancherry village and a building thereon, which has been described as A schedule in OS No.6/10 before the Sub Court, Kochi. A copy of the plaint in the suit is produced as Ext.P1. 'A' schedule property in Ext.P1 is a Government puramboke land. The District Collector, WPC 10433/10 2 Ernakulam issued Ext.P2 notice dated 12.10.1999 to the petitioner directing him to show cause as to why 'A' schedule property should not be taken back by the Government. The petitioner moved the Sub Court, Kochi by filing OS No.6/10 along with an application for temporary injunction. But, no order was granted in the said application. Therefore, he moved this Court by filing WPC No.2591/10 which was disposed of by Judgment dt.27.1.2010, staying all further proceedings. A copy of the said Judgment is Ext.P7. The petitioner filed an IA seeking interim injunction. But, the trial court was not impressed with the case put forward by the petitioner and without adverting to the directions contained in Ext.P7, dismissed the IA, stating that the petitioner is not entitled to get any temporary injunction. Ext.P8 is the copy of the said order. The matter was carried in appeal. Along with the appeal, the petitioner also filed IA No.1095/10, restraining the respondent from obstructing the petitioner from using Plaint B schedule property. The grievance of the petitioner is that WPC 10433/10 3 if the IA is not taken up and orders passed thereon, he will have to face threat of dispossession and the whole issue will become infructuous. Therefore, he prays for a direction to the District Court, Ernakulam to dispose of Ext.P9 application expeditiously. 3. In the nature of the order that is proposed to be passed in this Writ Petition, it is felt that it is unnecessary to issue notice to the respondent. While there is some justification in the complaint raised by the petitioner that the IA filed by him is not being disposed of, there is no merit in his contention that till such time execution proceedings in the suit shall be stayed. If as a matter of fact, the petitioner is not a party to the suit, the decree in the suit cannot be binding on him. If it is put in execution, the petitioner is at liberty to invoke the remedies available to him. Whatever that be, all these are matters to be considered by the Appellate Court while disposing of the IA. This Writ Petition is disposed of directing the District Court, Ernakulam to take up Ext.P9 IA, i.e., IA 1095/10 in WPC 10433/10 4 CMA 18/10 forthwith and dispose of the same in accordance with law as expeditiously as possible, at any rate, before the midsummer vacation commences. P.BHAVADASAN, JUDGE sta WPC 10433/10 5