M.P.Peter vs State Of Kerala & Ors

Inspector of Police on 12.04.1996 before the Sub-Divisional Magistrate under Section 145 of the Code of Criminal Procedure stating that there existed a dispute over title of the said property by and between the appellant and the respondent No. 3. Before the Sub-Divisional Magistrate the appellant herein was arrayed as `the B party' and the respondent No. 3 herein was `the A party'. By an order dated 9.10.1997, the Sub-Divisional Magistrate held:

4. Aggrieved thereby, the appellant filed a criminal revision petition, marked as Criminal; Revision No. 41 of 1997 before the Sessions Court, Ernakulam which by reason of an order dated 6.03.1999 was allowed. Respondent No. 3 filed Criminal Revision Petition No. 308 of 1999 before the High Court of Kerala challenging the said order dated 6.03.1999. By 3 reason of an order dated 25.09.2007, the revision petition was allowed by the High Court, holding:

5. A Special Leave Petition filed thereagainst by the appellant was dismissed by this Court by an order dated 11.02.2008.

6. In the meantime, however, a suit, which was marked as O.S. No. 383 of 2007, was filed by the appellant in the Court of Munsif, Perumbavoor on 1.12.2007 for a declaration that the appellant was the owner and in possession of 13.25 cents of land in Old Survey No. 412/1 of Kizhakkambalam Village. An interim application was filed therein seeking a prohibitory injunction against dispossession which was dismissed by the Munsiff Court by an order dated 24.03.2008.

7. Appellant preferred an appeal thereagainst which was marked as C.M.A. No. 12 of 2008 challenging the said order dated 24.03.2008 and by an order dated 7.04.2008 an order of injunction was passed prohibiting 4 eviction of the appellant from the plaint scheduled property until further orders. However, an application for clarification of the said order was filed by the respondent No. 3 and by an order dated 11.04.2008, it was allowed in the following terms:

8. By an order dated 26.08.2008, while dismissing the said C.M.A. No. 12 of 2008, the matter was remitted to the lower court with a direction to the parties to maintain the status quo.

9. On or about 3.04.2008, the Sub Divisional Magistrate directed the appellant to hand over possession of the suit property to the respondent No. 3 within three days of the receipt of the said notice.

10. Aggrieved thereby and dissatisfied therewith, the appellant filed a Criminal Miscellaneous case bearing No. Crl. M.C. No. 1709 of 2008. Though an interim stay was granted, the High Court dismissed the Criminal Miscellaneous Case by reason of the impugned judgment dated 19.06.2008.

17. The High Court in its judgment dated 25.09.2007 while reversing the order of the learned Sessions Judge noticed that the appellant had constructed a house and been residing therein. It was in that view of the matter, he interfered with the order of the Sub Divisional Magistrate directing that the restoration of possession may be effected after six months from the said date.

29. Correctness of some of the observations made therein although may be open to question, we need not enter into the said controversy at present. 16

33. We, therefore, direct that the parties shall continue to maintain status quo till the decision of the civil court subject to the following conditions:

34. The appeal is allowed with the aforementioned observations. In the facts and circumstances of the case, there shall, however, be no order as to costs.

May 11, 2009