Sarojini v. Basha
Case brief
What is this about?
The High Court of Kerala heard a revision petition against an order dismissing an execution application for police protection. The court held the requisites were not met under Order XXI, Rule 32 and Section 151 CPC, finding no illegality in the impugned order.
What did the court decide?
The Civil Revision Petition was dismissed without prejudice to other remedies available to the petitioners.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945
CRP NO. 489 OF 2013
AGAINST THE ORDER/JUDGMENT DATED IN OS NO.685 OF 2007 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM
REVISION PETITIONERS/PETITIONERS/PLAINTIFF/DECREE HOLDERS:
1 SAROJINI ARIVIKONATHU VEEDU, MOONAMOODU, KODUNGANOOR P.O., THIRUVANANTHAPURAM, AND NOW RESIDING AT MANNIL VEEDU, ANIKKADU PANCHAYATH, NOORAMAVU P,.O., PATHANAMTHITTA DISTRICT.
2 KRISHNAN NAIR ARIVIKONATHU VEEDU, MOONAMOODU, KODUNGANOOR P.O., THIRUVANANTHAPURAM, AND NOW RESIDING AT MANNIL VEEDU, ANIKKADU PANCHAYATH, NOORAMAVU P,.O., PATHANAMTHITTA DISTRICT.
BY ADVS. SRI.S.BALACHANDRAN (KULASEKHARAM) SRI.V.R.GOPU
Issues for consideration
3 issues framed by the court
Whether the High Court can grant directions for police protection and eviction relief under Order XXI, Rule 32 read with Section 151 of the Code of Civil Procedure.
Whether the relief sought in the execution application was within the scope of Order XXI, Rule 32 CPC.
Whether there was any illegality or infirmity in the order dismissing the application for police protection.
Parties & counsel
- petitioner
SAROJINI ARIVIKONATHU
- petitioner
KRISHNAN NAIR ARIVIKONATHU
- respondent
BASHA
Coram
Case details
As recorded by the court registry
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