High Court Kerala High Court

Beevi Kunju vs The Sub Registrar on 7 October, 2010

Kerala High Court
Beevi Kunju vs The Sub Registrar on 7 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30818 of 2010(B)


1. BEEVI KUNJU, W/O.LATE THAMPI RAWTHER,
                      ...  Petitioner

                        Vs



1. THE SUB REGISTRAR, REGISTRATION
                       ...       Respondent

2. SRI.ELAYA KUNJU, S/O.MYTHEEN KUNJU,

                For Petitioner  :SRI.B.MOHANLAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :07/10/2010

 O R D E R
                        ANTONY DOMINIC, J.
               --------------------------------------------------
                   W.P.(C) NO.30818 OF 2010(B)
               --------------------------------------------------
            Dated this the 7th day of October, 2010

                            J U D G M E N T

Petitioner complains that her son-in-law is proposing to

execute conveyance in respect of the property over which she

alone has title. The case of the petitioner is that apprehending

this, she has filed a civil suit for injunction and “to set aside the

documents to be executed by the 2nd respondent”. It is stated that

the suit has been filed before the Court of Munsiff-Magistrate,

Sasthacotta and as the Presiding officer is on leave due to

jaundice and since charge of the court is not entrusted to any

other Munsiff, she is not in a position to obtain any interim order.

It is with this grievance that this writ petition is filed.

2. On verification, it is seen that the charge of the Munsiff

Sasthamcotta has been entrusted to the Munsiff, Karunagapally

and therefore the premise on which the petitioner has filed this

writ petition is baseless. If as stated by the petitioner suit has

been filed and urgent orders are to be obtained, the course open

to the petitioner is to move the Munsiff in charge of the court and

to obtain appropriate orders rather than approaching this court by

WPC.No. 30818/2010
:2 :

filing a writ petition.

Wit Petition fails and is dismissed.

(ANTONY DOMINIC)
JUDGE
vi/