IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 189 of 2010()
1. SREEDEVI
... Petitioner
Vs
1. P.P.KURIAN AND OTHERS
... Respondent
For Petitioner :SRI.A.C.DEVASIA
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :30/03/2010
O R D E R
P.BHAVADASAN, J.
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C.R.P No.189 of 2010
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Dated this the 30th March, 2010
O R D E R
Aggrieved by the order dated 25.3.2010 passed by
the Munsiff Court, Kattappana in E.A No.66/200 in E.P.
No.3/2010, the petitioner before the court below has come
in revision.
2. The petitioner filed a petition under Section 47,
r/w Section 51 of C.P.C. It appears that the decree holder
is the 1st respondent in the court below filed a suit as O.S
No.149/2003 for prohibitory injunction and the suit was
granted. Since the decree has not been honoured it
appears that the execution proceedings were initiated.
The direction in the decree was to close the Borma
conducted in plaint B schedule property.
3. The petitioner who was not a party to the suit
and against whom there was no decree at all by the court
below, filed a petition under Section 47 read with Section
51 of C.P.C for permission to conduct a Borma on the basis
that she has got valid license. The court below on
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consideration of the materials found that there was no valid
license and therefore permission could not be granted.
4. No grounds are made out to interfere with the
order of the court below. There is nothing to show that
the petitioner has got valid license. Petitioner is at liberty
to approach the lower court and in case she produces a
valid license before the court below showing that she is
entitled to conduct Borma then appropriate orders shall be
passed in this regard, as early as possible by the court
below.
The Civil Revision Petition is disposed of, as above.
P.BHAVADASAN, JUDGE
ma
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