High Court Kerala High Court

Hydrosekunju Abdul Latheef vs Kunju Pillai Panicker Sadanandan on 31 May, 2007

Kerala High Court
Hydrosekunju Abdul Latheef vs Kunju Pillai Panicker Sadanandan on 31 May, 2007
       

  

  

 
 
  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/