Ummer K.K. vs P.T. Jose on 22 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2597 of 2008(H)


1. UMMER K.K., AGED 54 YEARS,
                      ...  Petitioner

                        Vs



1. P.T. JOSE, S/O. THOMAS,
                       ...       Respondent

                For Petitioner  :SRI.ESM.KABEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :22/01/2008

 O R D E R
                             M.N.KRISHNAN, J.
                             --------------------------
                         W.P.(C). NO. 2597 OF 2008
                                ---------------------
                 Dated this the 22nd day of January, 2008

                                  JUDGMENT

This writ petition is filed seeking to set aside Ext.P1 order, which

stands confirmed as per Ext.P2 judgment of the Subordinate Judge,

Sulthan Bathery. The plaintiff in the suit is an auction purchaser in a

revenue recovery proceeding with respect to two cents of land. The

revenue divisional authorities put him in possession of the property. The

challenge made by the petitioner/defendant is that there is a limitation

under Section 58 of the Revenue Recovery Act and therefore the

respondent/plaintiff is not entitled to any relief.

2. At this stage, I do not want to go into the merits or demerits of the

case and it is a larger question that has to be decided in the suit.

Therefore, without expressing anything on the merits of the case, I direct

the Munsiff, Sulthan Bathery to dispose of O.S. 350/04, untrammelled by

the observations contained in its own order or in the order of the appellate

court, as expeditiously as possible, within a time frame of two months from

the date of receipt of a copy of this judgment, after hearing both sides.

The writ petition is disposed of accordingly.

M.N.KRISHNAN, JUDGE

vps