IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5377 of 2010(V)
1. SEETHI.C.K.
... Petitioner
Vs
1. DIST.SUPDT.OF POLICE,KASARAGOD AND ORS
... Respondent
For Petitioner :SRI.A.F.SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :18/02/2010
O R D E R
K. M. JOSEPH &
M.L. JOSEPH FRANCIS, JJ.
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W.P.(C).No. 5377 of 2010 V
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Dated this the 18th day of February, 2010
JUDGMENT
Joseph, J.
The petitioner has approached this Court seeking a
direction to respondents 1 and 2 to give adequate police
protection to the petitioner and his family members against the
attempts made by the third respondent to take over the entire
property belonging to the petitioner and his family members on
the strength of Ext.P5 assignment deed.
2. Briefly the case of the petitioner is as follows. The
petitioner, his three sisters, his brother and mother inherited 3.15
Acres of land from his father, who died intestate. Each of them
is having 1/6th share in the said property based upon an
agreement. Petitioner’s brother was the defendant in a money
suit, O.S.No. 117 of 2006, filed by one Madhusoodhana
W.P.(C).No. 5377 of 2010
2
Kedilaya. There was a compromise decree. Since his brother did not
repay the debt, his undivided share in the property was sold in
auction to Madhusoodhana Kedilaya, who later sold the same to the
third respondent. The complaint of the petitioner is that the third
respondent is trying to take the entire property of the petitioner and
his family on the strength of Ext.P5 assignment deed.
3. In the circumstances of this case, we would think that it is for
the petitioner to approach the civil Court against the third respondent
for appropriate relief. Without prejudice to the right of the petitioner
to approach the civil court against the third respondent, this Writ
Petition is disposed of.
(K. M. JOSEPH)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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