IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 OP(C).No. 356 of 2011(O) --------------------------------------- CMA.109/2009 of ADDL.DISTRICT COURT, THRISSUR OS.1244/2008 of I ADDL.SUB COURT, THRISSUR .................... PETITIONER (S) ------------------------ MUHAMMADALI, AGED 73 YEARS, S/O. CHERUVAYIL BAPPUTTY, MANKARA DESOM, ENGAKKAD VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): ------------------------- 1. GIREESAN, AGED 46 YEARS, THRITHALA PADINJAREVEETTIL RUGMINI AMMA, SANTHI BHAVAN, ENGAKKAD, TALAPPILLY TALUK, THRISSUR DISTRICT, PIN - 680 001. 2. UMMAR, S/O.CHATHAMKOTTIL MANI @ MUHAMMED, ENGAKKAD, TALAPPILLY TALUK, THRISSUR DISTRICT, PIN-680 001. 3. JAMAL, S/O.CHATTAMKOTTIL MANI @ MUHAMMED, ENGAKKAD, TALAPILLY TALUK, THRISSUR DISTRICT, PIN - 680 001. 4. MANI @ MUHAMMED, S/O. CHATHAMKOTTIL ADIMU, ENGAKKAD, TALAPPILLY TALUK, THRISSUR DISTRICT, PIN-680 001. R1 BY ADV. SRI.K.A.SREEJITH SRI.SANTHEEP ANKARATH FOR R3,4 SRI.SUMODH MADHAVAN NAIR FOR R3,4 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.356/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. NO.1244/08 DTD. 1.9.08 ON THE FILE OF THE ADDL. SUB COURT, THRISSUR. P2:- COPY OF THE ORDER PASSED IN IA. 6717/08 IN OS. 1244/08 DT.D 12.8.09 ON THE FILE OF THE ADDL. SUB COURT, THRISSUR. P3:- COPY OF THE JUDGMENT IN CM APPEAL NO.109/09 DTD. 21.10.2010 ON THE FILE OF THE IST ADDL. DISTRICT COURT, THRISSUR. RESPONDENT'S EXHIBITS R1(A):- COPY OF THE ASSIGNMENT DEED. NO.163/02. R1(B):- COPY OF THE ASSIGNMENT DEED TRUE COPY OF THE ASIGNMENT DEED DEXECUTED BY IST RESPONDENT IN FAVOUR OF OTHER RESPONDENTS. R1(C):- COPY OF THE CRIMINAL COMPLAINT FILED BY THE IST RESPONDENT AGAINST THE PETITIONER IN THE FILES OF J.F.C.M. COURT, WADAKKANCHERY. R1(d):- COPY OF THE PETITION FILED BY THE SIT RESPONDENT FOR EXPERT OPINION. R1(E):- COPY OF THE AFFIDAVIT OF SRI. DAMODARAN. R1(F):- COPY OF THE LAWYER NOTICES. R1(G):- COPY OF THE WRITTEN STATEMENT FILED BY THIS RESPONDENT . TRUE COPY P.S. TO JUDGE tss HARUN-UL-RASHID,J. ------------------------------- O.P.(C).NO. 356 OF 2011 ------------------------------- DATED THIS THE 9TH DAY OF MARCH, 2011 JUDGMENT The first plaintiff in O.S.No.1244/2008 on the file of the I Additional Sub Court, Thrissur is the petitioner herein. The suit was filed by the plaintiffs seeking a declaration that the sale deed No.163/2002 of the SRO Wadakkancherry is only a nominal and sham document and as per the agreement dated 15/1/2002 to re- convey the property to the plaintiffs and also for cancellation of instruments and for other reliefs. The plaintiffs filed I.A.No.6717/2008 alleging that the defendants are attempting to trespass into the property and to commit acts of waste therein and prayed for an injunction to restrain the defendants from causing assignment of the property to a third party. 2. The trial court, after hearing both sides, dismissed the said IA finding that the petitioners/plaintiffs are not entitled to get an order of injunction as prayed for. Ext.P2 is the said order -2- O.P(C).No.356/2011 passed by the trial court. The plaintiffs preferred an appeal challenging Ext.P2 order. The learned first Additional District Judge, Thrissur passed Ext.P3 order dismissing the appeal and confirmed Ext.P2 order. The suit is of the year 2008. Since the contentions of the parties were examined by the facts finding courts, this Court do not propose to examine the contentions on merits. This Court is of the view that an early disposal of the suit will serve the ends of justice. 3. In the circumstances, this Court direct the lst Additional Sub Court, Thrissur to try and dispose of the suit on or before 30th June, 2011. It is made clear that the constructions, if any, made by the defendants during the pendency of the suit are at their risk. The parties shall appear before the court below on 22nd March, 2011. Original petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -3- O.P(C).No.356/2011