IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 31157 of 2008(H) -------------------------- AGAINST THE ORDER IN EP.446/2007 IN OS.6/1995 of MUNSIFF COURT, MANJERI .................... PETITIONER(S): --------------- CHEMBAN HAMZA, S/O.MUHAMMED, AGED 60 YEARS, CHEMBAN HOUSE, KUNNUMMAL THODI P.O KOLATHOOR DESOM, KONDOTTY AMSOM, ERANAD TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.K.KUNHABDULLA SRI.K.K.JAYARAJ NAMBIAR RESPONDENT(S): --------------- 1. KODITHODI UNNI MUHAMMED, S/O.LATE UNNI MOIDEEN HAJI, MORAYOOR AMSOM AND DESOM, ERANAD TALUK, MALAPPURAM DISTRICT. 2. TALUK SURVEYOR, ERANAD TALUK, MALAPPURAM DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, KONDOTTY, MALAPPURAM DISTRICT. 4. PAZHERI KUNHAPPU, S/O.KUNHEEDU HAJI, AGED 50 YEARS, KONDOTTY AMSOM, KOLATHUR DESOM, ERANAD TALUK, KONDOTTY P.O., MALAPPURAM DISTRICT. 5. PAZHERI RUKKIYA, D/O.MUHAMMED HAJI, AGED 47 YEARS, KONDOTTY AMSOM, KOLATHUR DESOM, ERANAD TALUK, P.O.KONDOTTY, MALAPPURAM DISTRICT. 6. KUNNUMMAL AHAMMED KUTTY, S/O.KOYA KUTTY, AGED 54 YEARS, KARIPPUR AMSOM AND DESOM, P.O.KARIPPUR, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.31157 of 2008 H -------------------------------------- Dated this the 22nd day of October, 2008. JUDGMENT Petitioner claimed that he is the absolute owner in possession of ten cents of land in Sy.No.285/7 of Kondotty Village as per Ext.P1, sale deed No.3703/1994 dated 15.11.1995 executed in his favour by respondents 4 to 6 who are defendants 3, 6 and 8 in O.S.No.6 of 1995 of Munsiff Court, Manjeri, a suit instituted by the Receiver appointed in O.S.No.108 of 1952 of Sub Court, Kozhikode. According to the petitioner, immediately after Ext.P1 he constructed house and is residing there with family. While so, he learned that O.S.No.6 of 1995 is filed against defendants 1 to 8 (who include respondents 4 to 6) praying for decree for prohibitory injunction and demolition of the structures including in the ten cents. Though petitioner sought impleadment in O.S.No.6 of 1995, that request was disallowed which was confirmed by this Court in C.R.P.No.2726 of 1998. Ext.P6 decree was passed by the Munsiff Court, Manjeri on 28.7.1999. In execution of that decree, first respondent filed E.P.No.446 of 2007 for demolition of the structures in the schedule property including the ten cents claimed by the petitioner. Amin came to the property on 14.10.2008. Petitioner states that he has applied for certified copy of the order in E.P.No.446 of 2007 and the application was numbered on 14.10.2008. He intents to file claim petition in E.P.No.446 of 2007 and in the meantime, sought for reliefs including a direction to the learned Munsiff not to proceed against the property and the residential WP(C) No.31157/2008 2 building of the petitioner in execution or in the alternative, to direct the learned Munsiff to consider and pass orders on claim petition which the petitioner proposes to file in that case. 2. Claim of the petitioner that he is interested in the subject matter and was to be impleaded in the suit has already been turned down. In the facts and circumstances of the case, I do not consider it appropriate or necessary to grant the reliefs prayed for by the petitioner in this proceedings. I make it clear that it is open to the petitioner to initiate appropriate proceedings if he is otherwise be entitled to that course. With the above observation, Writ Petition is dismissed. THOMAS P.JOSEPH, JUDGE. cks