IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 6918 of 2004(W) ------------------------- PETITIONER: -------------------- 1. ALPHO JOHN, AGED 54 YEARS, WIFE OF JOHNY K.C., 5/1772, "MATHRUCHAYA", ST.VINCENT COLONY, KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE. 2. AJO K.JOHN, AGED 24 YEARS, SON OF JOHNY K.C., 5/1772, "MATHRUCHAYA", ST. VINCENT COLONY, KALATHINKUNNU AMSOM AND DESOM, KOZHIKODE. BY ADV. SRI.BOBY MATHEW SMT.K.MEERA RESPONDENTS: ----------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE. 2. KOYILANDY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.(D.2020),BALUSSERY P.O. KOZHIKODE, REPRESENTED BY ITS MANAGER. 3. THE SENIOR INSPECTOR/SALE OFFICER, KOYILANDY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. (D.2020),BALUSSERY P.O KOZHIKODE. 4. KANDOTH MARAKKAR, AGED ABOUT 47 YEARS, SON OF AHAMMEDKUTTY, SIVAPURAM AMSOM, MANGAD DESOM, MANGAD P.O., KOZHIKODE. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA FOR R2 BY ADV. ANU SIVARAMAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC6918/2004 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF SALE DEED DATED 9.4.2002 REGISTERED AS DOCUMENT NO.298 OF 2002 OF THE THAMARASSERY SRO. EXT.P2: COPY OF SALE DEED DATED 2.9.2002 REGISTERED AS DOCUMENT NO.2292 OF 2002 OF THE THAMARASSERY SRO. EXT.P2(a): COPY OF SALE DEED DATED 10.9.2002 REGISTERED AS DOCUMENT NO.2403 OF 2002 OF THE THAMARASSERY SRO. EXT.P3: COPY OF THE ENCUMBRANCE CERTIFICATE DATED 7.5.2002 BEARING NO.987/02 ALLEGEDLY ISSUED FROM THE SRO, THAMARASSERY. EXT.P3(a): COPY OF THE ENCUMBRANCE CERTIFICATE DATED 16.5.2002 BEARING NO.1064/02 ISSUED FROM THE SRO, THAMARASSERY. EXT.P4: COPY OF SALE DEED DATED 11.11.2002 REGISTERED AS DOCUMENT NO.3042 OF 2002 OF THE THAMARASSERY SRO. EXT.P4(a) : COPY OF SALE DEED DATED 11.11.2002 REGISTERED AS DOCUMENT NO.3043 OF 2002 OF THE THAMARASSERY SRO. EXT.P5: COPY OF THE POSSESSION CERTIFICATE DATED 19.7.2003 ISSUED TO THE PETITIONERS FROM THE VILLAGE OFFICE, SIVAPURAM. EXT.P6: COPY OF THE LAND REVENUE RECEIPT DATED 19.7.2003 ISSUED FROM THE VILLAGE OFFICE, SIVAPURAM FOR THE PETITIONERS HAVING PAID THE LAND TAX IN RESPECT OF THE PROPERTY COVERED BY EXT.P4. EXT.P6(a): COPY OF THE LAND REVENUE RECEIPT DATED 19.7.2003 ISSUED FROM THE VILLAGE OFFICE, SIVAPURAM FOR THE PETITIONERS HAVING PAID THE LAND TAX IN RESPECT OF THE PROPERTY COVERED BY EXT.P4(a). EXT.P7: COPY OF THE PRIVATE COMPLAINT NUMBERED AS CMP 203 OF 2004 FILED BY THE PETITIONERS BEFORE THE JFCM COURT, THAMARASSERY AGAINST THE 4TH RESPONDENT AND OTHERS. EXT.P8: COPY OF THE BAIL APPLICATION DATED 3.2.2004 NUMBERED AS BAIL APPL. NO.564 OF 2004(A) FILED BY THE 4TH RESPONDENT AND ANOTHER BEFORE THIS HON'BLE COURT. EXT.P9: COPY OF ORDER DATED 10.2.2004 PASSED BY THIS HON'BLE COURT ON EXT.P8 BAIL APPLICATION. EXT.P10: COPY OF THE NOTICE DATED 21.1.2004 BEARING NO.190/01-02 A.7433 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXT.P11: COPY OF PROCLAMATION OF SALE DATED 7.2.2004 ISSUED BY THE 3RD RESPONDENT PUBLISHED IN THE MALAYALA MANORAMA DAILY (KOZHIKODE EDITION) DATED 10.2.2004. WPC6918/2004 EXT.P12: COPY OF CLAIM PETITION DATED 12.2.2004 IN PROCEEDINGS E.P.190/01-02, 21111C/ARF 13 R ROLLER 1196 MI ARF SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT ON 13.2.2004 WITH THE ENDORSEMENT OF THE 3RD RESPONDENT THEREON. EXT.P13: COPY OF THE INTERIM ORDER DATED 19.2.2004 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.5928 OF 2004(E) FILED BY THE 4TH RESPONDENT AND ANOTHER. /TRUE COPY/ P.A. TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------- W.P.(C) No.6918 of 2004 ------------------------------------------- Dated this the 3rd day of January, 2008 JUDGMENT While issuing notice on this writ petition on 27.12.2004, this court had issued an order of interim stay as prayed for, for a period of one month and it was directed that the third respondent shall hear and dispose of ExtP12. That interim order has been extended until further orders. 2. With the passage of time, a final decision of Ext. P12 would have followed. Otherwise, it has to follow. In the result, this writ petition is disposed of directing that the parties will be governed by the final decision issued on Ext.P12, subject to any further proceedings thereon before the superior authorities. Without a final decision on Ext.P12, there shall be no action against the property claimed by the petitioner. THOTTATHIL B.RADHAKRISHNAN, Judge csl