IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 OP(C).No. 924 of 2010(O) ------------------------ I.A.NOS.1965 & 1984/2010 IN OS.304/2006 of SUB COURT,THRISSUR .................... PETITIONER/PLAINTIFF: ---------------------------------------- P.K.SASI, AGED 48 YEARS, S/O.SHANKARANARAYANAN, PONNAMPARAMBIL PULIYATTU HOUSE, KANDANASSERI DESOM, KANDANASSERI VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADVS. SRI.RAJIT, SRI.RANJIT BABU. RESPONDENT(S): ---------------------------- 1. JAYAN, AGED 50 YEARS, S/O.SIVASANKARAN, 'SREELAKSHMI', PULLARI VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT - 680 012. 2. CHIEF MANAGER, UNION BANK OF INDIA, POST BOX NO.123, SAKTHAN ARCADE, THRISSUR - 680 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.924 of 2010 --------------------------------------- Dated this 30th day of November, 2010 JUDGMENT Notice to respondent No.1 is dispensed with in view of the order I propose to pass. Respondent No.2 appears through counsel. Heard counsel for petitioner and respondent No.2. 2. Petitioner is plaintiff in O.S.No.304 of 2006 of the court of learned Sub Judge, Thrissur. He filed that suit for a declaration that document No.2892 of 2004 executed by him in favour of respondent No.1 was merely a security and that respondent No.2 has not acquired any title over the suit property by way of mortgage created by respondent No.1. Petitioner has filed Exts.P2 and P7, I.A.Nos.1965 and 1984 of 2010 for an order of injunction against respondent No.2 taking possession of the property and to direct respondent No.2 to produce records regarding the loan transaction. The latter application is filed since petitioner has a contention that liability of respondent No.1 has already been discharged. Exts.P2 and P7, applications are pending consideration before the learned Sub Judge. In the meantime, respondent No.2 obtained an order dated November 24, 2010 from the learned Chief Judicial Magistrate, Thrissur to take possession of the property. O.P(C).No.924 of 2010 : 2 : Learned Chief Judicial Magistrate has issued Ext.P9, order to that effect and permitted demolition of front portion of the compound wall and to correct the pathway for the property. Learned counsel seeks an early disposal of Exts.P2 and P7, applications and in the meantime to keep Ext.P9, order in abeyance. It is submitted by learned counsel that if compound wall is demolished petitioner will be put to much loss and injury. Learned counsel for respondent No.2 submits that respondent No.2 is entitled to take possession of the property pursuant to the order in his favour and to take possession of the property the Village Officer has to measure the property for which purpose access to the property is possible only if a portion of the compound wall is demolished. 3. In the light of that submission of learned counsel for respondent No.1, learned counsel for petitioner undertakes that petitioner will provide access through his property for the Village Officer and other officials to enter the suit property for enforcement of the order dated November 24, 2010 passed by the learned Chief Judicial Magistrate, but prayed that demolition of the compound wall may be prevented. Having regard to the circumstances stated I am inclined to grant some relief to the petitioner. O.P(C).No.924 of 2010 : 3 : Resultantly this petition is disposed of in the following lines: (i) Learned Sub Judge is directed to dispose of Exts.P2 and P7, applications as early as possible. (ii) The direction in Ext.P9, order dated November 24, 2010 of the court of learned Chief Judicial Magistrate, Thrissur on Crl.M.P.No.2261 of 2010 to the extent it related to demolishment of front portion of the compound wall of the suit property will stand in abeyance till the learned Sub Judge disposed of Ext.P2, application on condition that petitioner would provide access to the Village Officer and other officials including respondent No.2 to the suit property through his property for measurement and to take possession of the suit property as directed in the order of learned Chief Judicial Magistrate. The above direction is made without prejudice to the contentions raised by the parties in the Civil Court. (THOMAS P JOSEPH, JUDGE) Sbna/-