IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 10346 of 2007(F)
1. HYDROSEKUNJU ABDUL LATHEEF,
... Petitioner
Vs
1. KUNJU PILLAI PANICKER SADANANDAN,
... Respondent
For Petitioner :SRI.V.V.ASOKAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :31/05/2007
O R D E R
K.K. DENESAN, J.
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W.P.(C) No. 10346 OF 2007 F
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Dated this the 31st May, 2007
J U D G M E N T
This writ petition is preferred against the order
of the Subordinate Judge, Mavelikkara in E.A. No.
775/03 in E.P. No. 140/90 in O.S. No. 24/80. The
petitioner is the 2nd judgment debtor in the suit
against the counter petitioner. It is seen from the
order that there was a litigation with respect to 17
cents of property for specific performance of the
contract. The contention of the petitioner is that he
is a bonafide purchaser for valuable consideration of 3
cents of land. This Court did not hold in favour of
the petitioner. Therefore, he preferred a Special
Leave Petition before the Hon’ble Supreme Court of
India and the Apex Court ordered status quo.
Thereafter an application was filed by the decree
holder for delivery of the remaining 14 cents of
property. It was contended in that case that the
status quo order relates to the entire property and
therefore delivery cannot be ordered. The matter came
up before this Court on earlier occasion also and this
WPC No. 10346/2007 -2-
Court had opined that the status quo at the most can
relate to the 3 cents of property over which the
petitioner claims right. Overruling the objections of
the judgment debtors the court ordered delivery of 14
cents of property and it is for redelivery of that
property the present writ petition is filed. The
petitioner has moved the court for restoration of
possession of 14 cents of land which had already been
delivered by the order of the court. It has to be held
that the interest which the petitioner claims over the
property is of 3 cents which he had acquired by virtue
of an assignment deed. Though this Court had repelled
his contention, the Apex Court had admitted his S.L.P.
and ordered status quo. So far as the present
petitioner is concerned the subject matter of the
appeal can only be with respect to 3 cents of property
over which he claims right. The executing court has
understood the order of the Apex Court only in that way
and had excluded the 3 cents of property claimed by the
petitioner and had ordered delivery of the remaining 14
cents of property. It is to restore that 14 cents now
the present application is filed. As stated earlier,
WPC No. 10346/2007 -3-
since the petitioner can have right only over 3 cents
of property and that 3 cents of property is kept intact
and the balance land is ordered to be delivered and
that had been delivered. The prayer for the
restoration with respect to that 14 cents had been
negatived. I feel, the court below had only acted in
accordance with law and in tune with the direction of
the Supreme Court of India and therefore the order
passed does not suffer from any infirmity and therefore
the writ petition is dismissed.
M.N. KRISHNAN
JUDGE
jan/