IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 CRP.No. 565 of 2011() --------------------------------- AGAINST THE ORDER DATED 5/11/2011 IN IA .NO.6534/2010 IN OS.NO.85/1971 of PRL.SUB COURT,TRIVANDRUM .................... REVN. PETITIONER(S)/ PETITIONER ------------------------------------------------------ ABDUL RAHUMAN KUNJU-NAZARUDDEEN @ NIZAMUDDEEN, RESIDING AT TC 12/705, VAZHUTHACAUD, NOW AT ANIL BUILDING, MAIDANAM,VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.RAVEENDRAN SRI.P.T.RADHAKRISHNAN RESPONDENT(S): --------------------------- ADVOCATE T.K.THOMAS, FORMER OFFICIAL RECEIVER, IIND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. BY THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRP.NO.565/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1 COPY OF THE ORDER OF THE PRINCIPAL SUB COURT, TRIVANDRUM IN I.A.6145/71 IN O.S.85/71 DATED 5/11/1971. ANNEX II COPY OF THE JUDGMENT OF THIS COURT IN WP(C)NO.13375/2009(O) DATED 6/4/2010. ANNEX III COPY OF THE ORDER IN I.A.NO.6119/2010 IN WP(C)NO.13375/2009(O) DATED 30/7/2010. ANNEX IV COPY OF THE ORDER PASSED IN R.P.NO.543/2010 DATED 30/7/2010. ANNEX V COPY OF THE JUDGMENT IN O.P.(CIVIL) NO.2845/2011(C) DATED 29/8/2011 ANNEX VI COPY OF THE ORDER OF THIS HON'BLE COURT IN TR.P(C)NO.111/2011 DATED 5/4/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- C.R.P. No.565 of 2011 -------------------------------------- Dated this the 14th day of December, 2011. ORDER Order dated 05.11.2011 on I.A.No.6534 of 2010 in O.S.No.85 of 1971 of the court of learned Principal Sub Judge, Thiruvananthapuram is under challenge. Petitioner filed that application to direct the Receiver to handover physical possession of plots A, B and C to the petitioner and his branch. That application was dismissed by the learned Principal Sub Judge for the reason that in respect of the said properties claim petitions and suits are pending. 2. O.S.No.85 of 1971 is a suit for partition of various items belonging to the tharwad and while that matter was pending in this Court there was a settlement between the parties to the suit as per which a decree for partition was passed. As per the decree plots A, B and C are allotted to the petitioner and his branch. Receiver took possession of the property in the year 1969. It is claimed that with respect to plots A, B and C symbolic possession was given to the petitioner and his branch on 06.04.2010 but, physical possession remains with the Receiver. It is the grievance of petitioner that except petitioner and his branch all other branches got physical possession of their shares and are enjoying it. Hence the application (I.A.No.6534 of 2010) seeking relief. CRP No.565/2011 2 3. It is contended that the suits and claim petitions are not maintainable even prima facie and that attempt of those persons who filed suits and claim petitions is only to prolong Receiver handing over physical possession of plots A, B and C to the petitioner and his branch. 4. At this stage, it cannot say whether claim petitions and suits concerning plots A, B and C are maintainable or not. Nor could this Court at this stage give a direction to the Receiver before claim petitions and suits are disposed of. What is required is to dispose of the claim petitions and suits as early as possible after completing preliminary steps in the matter. 5. So far as suits concerning plots A, B and C are concerned, I am told that those suits are pending before learned Additional Sub Judge-II, Thiruvananthapuram while claim petitions are pending before learned Principal Sub Judge, Thiruvananthapuram. 6. In the view of what I have stated above, I find no reason to interfere with the impugned order. At the same time, claim petitions and suits concerning plots A. B and C are to be disposed of as early as possible. Resultantly this civil revision is disposed of as follows: CRP No.565/2011 3 i. Learned Principal Sub Judge, Thiruvananthapuram is directed to consider and pass appropriate orders on the claim petitions concerning plots A, B and C in O.S.No.85 of 1971 as early as possible after completing the preliminary steps in the matter and provided that there is no legal impediment in doing so. ii. Learned Additional Sub Judge-II, Thiruvananthapuram is directed to dispose of the suits concerning plots A, B and C in O.S.No.85 of 1971 of the court of learned Principal Sub Judge, Thiruvananthapuram as early as possible after completing the preliminary steps in the matter and provided that there is no legal impediment in doing so. iii. It is open to the petitioner to raise all his contentions including non- maintainability of the claim petitions and suits before the appropriate court. I.A.No.2970 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks