IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 OP(C).No. 1580 of 2011(O) -------------------------------------- I.A .NO. 3122/2009 IN OS.297/2009 of SUB COURT, TIRUR .................... PETITIONER -------------------- P.P.MOHAMMED KOYA, AGED 65 YEARS, S/O.KUNHI MOIDEEN, PADINHAREPEEDIYAKKAL HOUSE, ARIYALLOOR AMSOM, KODAKKAD DESOM, TIRURANGADI TALUK, P.O.KODAKKAD. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): -------------------------- 1. AYISHUMMA, D/O.MOIDEEN KUTTY, MANGALASSERRY, ARIYALLOOR AMSOM, KODAKKAD DESOM, TIRURANGADI TALUK, P.O.KODAKKAD.PIN- 676 101. 2. PULLITHODY FATHIMA, W/O.AHAMMED MUSLIYAR, ARIYALLOOR AMSOM, KODAKKAD DESOM, TIRURANGADI TALUK, P.O.KODAKKAD.PIN- 676 101. 3. KURATHEDATH MUSTHAFA, S/O.MOIDEEN, ARIYALLOOR AMSOM, KODAKKAD DESOM, KODAKKAD DESOM, P.O.KODAKKAD, TIRURANGADI TALUK. PIN- 678 583. 4. RAHIYANATH, W/O.MUSTHAFA, DO.. DO... R1, R2 & R4 BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE BY ADV. SRI.SAJU.S.A SRI.K.MUHAMMED SALAHUDHEEN FOR ADV.COMMR. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- O.P.(C).NO.1580/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT P2 COPY OF THE WRITTEN STATEMENT. P3 COPY OF THE COMMISSION REPORT. P4 COPY FOF THE ORDERIN I.A.NO.3122/2009 IN O.S.NO.297/2009. ADVOCATE COMMISSIONER'S ANNEXURE ANNEX:A: ORIGINAL ORDER APPOINTING THE COMMISSIONER DATED 03/05/2011 ANNEX:B: COMMISSION WARRANT ISSUED TO ADVOCATE COMMISSIONER DATED 03/05/2011. ANNEX:C: ACKNOWLEDGMENT SHOWING THE RECEIPT OF NOTICE BY THE RESPONDENTS ON 05/05/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts K.T.SANKARAN, J. ------------------------------ O.P(C)No.1580 OF 2011 ------------------------------ Dated this the 7th day of June, 2011 JUDGMENT The petitioner is the plaintiff in O.S.No.297 of 2009 on the file of the Sub Court, Tirur. The suit is for specific performance of an agreement for sale in respect of an extent of 30 cents of land. On the ground that the defendants transferred an extent of 10 cents of land to two persons, they were impleaded as additional defendants. The suit is pending. 2. Alleging that taking advantage of the summer recess, respondents 3 and 4 had taken steps to start construction of a building, the petitioner filed this Original Petition, in which the following prayers were made: “i) issue an order of injunction restraining the respondents 3 and 4 and / or their men from putting up any structures in the plaint schedule property. O.P(C)No.1580 OF 2011 2 ii) Grant such other reliefs as may be prayed for and which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” It was pointed out that the Commissioner had inspected the property earlier and he had filed a report. 3. When the Original Petition came up for admission on 3.5.2011, a learned Single Judge of this Court ordered notice by special messenger. An Advocate Commissioner was appointed to inspect the property on 5.5.2011 and to report whether any construction was effected in plot A.B.C. marked in Ext.P3 sketch. The Commissioner inspected the property and filed a report. 4. The learned senior counsel appearing for the respondents submitted that the Original Petition itself is not maintainable as the petitioner could approach the vacation court (District Court, Manjeri) for appropriate reliefs. 5. At this stage, it is not necessary to consider the maintainability of the Original Petition. There is no point in O.P(C)No.1580 OF 2011 3 retaining the Original Petition on the file. The courts were reopened on 23.5.2011. The petitioner can very well move the trial court for appropriate reliefs. It is made clear that no opinion is expressed on the merits of the contentions put forward by both the parties. The Commissioner's report filed before this court shall be transmitted to the Sub Court, Tirur. The Original Petition is accordingly, closed. K.T.SANKARAN, JUDGE. cms