IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 21343 of 2008(N) -------------------------- OS.521/2004 of I ADDL.SUB COURT,ERNAKULAM .................... PETITIONER: ------------ M/S. FOUR SQUARE ESTATES (P) LTD., REGISTERED UNDER THE PROVISIONS OF COMPANIES ACTY, 1956 HAVING ITS REGISTERED OFFICE AT 93 KATTIKARAN TOWERS, ERNAKULAM, COCHIN-18, REP. BY ITS MANAGING DIRECTOR, K.M. MATHAI. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: ------------- 1. C.VINOD, S/O. VASUDEVAN NEDUNGADY, NEITHA, WARRIAM ROAD, COCHIN - 16. 2. BABY JOSEPH, S/O.LATE V.C. JOSEPH, GC, SURYAKANTHY APARTMENTS, IYYATTIL JUNCTION, CHITTOOR ROAD, COCHIN-11. 3. THARIAN JOSEPH, S/O.LATE K.P. PAPPAN, 27/1423, KANNARKAT HOUSE, PANAMPILLY NAGAR, COCHIN-36. 4. JERAM PROPERTIES (INDIA) PVT. LTD., DOOR NO. CC 39/3103, IST FLOOR, PDR BHAVAN, PALLIYIL LANE, FORESHORE ROAD, COCHIN-16. 5. SURESH THOMAS, S/O.LATE THOMAS MATHEW, PANAMTHOTTATHIL HOUSE, PAZHAVANGADI.P.O, RANNI-689 673, PATHANAMTHITTA. 6. SUJA GEORGE, W/O. SRI. GEORGE, SURESH BHAVAN, CHOWPATTY SEA FACE, MUMBAI - 400 007. W.P.(C) No.21343 of 2008 : 2 : 7. M/S.RAVIKUMAR PROPERTIES PVT. LTD., REP. BY ITS DIRECTOR, RAMALINGA RAVIKUMAR, 1/C, NANDHITHA APARTMENTS, NO.47, THIRUMALAI PILLAI ROAD, T-NAGAR, CHENNAI - 600 017. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21343 of 2008 ------------------------------- Dated this the 15th July, 2008. J U D G M E N T Petitioners are the plaintiffs in O.S.No.521 of 2004, on the file of Sub Court, Ernakulam. The relief sought for in the plaint are one for a declaration that sale deed dated 6.1.2004 executed by defendants 1 and 2 in favour of defendant No.4 and subsequent transfer by defendant No.4 in favour of defendant No.7 are not binding on the petitioner-company and the sale deeds are inoperative, fraudulent, null and void and for a permanent prohibitory injunction restraining defendants 4 to 7 from claiming any property by virtue of the sale deeds. The second prayer is for cancellation of the entries in the revenue register in favour of defendant No.4 under the sale deed dated, 6.1.2004, and third prayer is for recovery of possession of the plaint schedule property, viz., item Nos.1 to 10 from defendant No.4 on the strength of title. Ext.P9 application was filed by the petitioner for directing the Commissioner to locate and identify the plaint schedule properties with the assistance of the taluk surveyor and also for other incidental prayers. Under Ext.P10 order, that petition was dismissed. It is challenged in this petition filed under Article 227 of the Constitution of India. W.P.(C) No.21343/2008 2 2. The learned counsel appearing for the petitioner was heard. 3. In view of the order to be passed in this application, I do not find that notice to respondents is necessary. 4. Under Ext.P10 order, learned Sub Judge dismissed the application only for the reason that suit is for declaration of documents as null and void and hence the measurement of the property for the purpose of declaration is not necessary. As rightly pointed out by the learned counsel appearing for the petitioner, learned Sub Judge omitted to take note of the fact that the relief sought for includes recovery of possession. Hence proper identification of the property is necessary for granting proper relief in the suit. In such circumstances, Ext.P10 order is quashed. Learned Sub Judge is directed to pass fresh orders in I.A.No.3515 of 2008, in accordance with law, after hearing the parties. The writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.