SURENDRANATH N. G. Vs. KDHP CO. PVT. LTD

JUDGEMENT

(1.) This original petition has been filed by the defendants in M.T.O.P.No.305 of 2014, originally pending before the Special Tribunal, Munnar, which is now stated to have been transferred to the Munsiff's Court, Devikulam, but not renumbered yet.

(2.) According to the petitioners, they had suffered an ex- parte decree in the aforementioned M.T.O.P filed by the 1 st respondent - Company herein and that they had, therefore, preferred Ext.P2 application to have the same set aside. They say that, in the meanwhile, the 1 st respondent - Company filed Ext.P3 execution petition stating that in spite of the decree, they had not surrendered vacant possession of the decree schedule property and building and seeking that they be so evicted in terms of law; but that while so, the 1st respondent - Company trespassed into the property and forcibly dispossessed them. They, thus pray that the respondents be directed to put them back in possession of the property; along with other corollary prayers, including that the hearing of Ext.P2 application be expedited.

(3.) Sri.Joseph Kodianthara, learned Senior Counsel instructed by Sri.Abraham Markos, learned counsel for the respondents began his submissions in opposition to the afore allegations of the petitioners, as voiced by their learned counsel Sri.George Mathew, by asserting that even at the time when this original petition had been filed, his clients had taken possession of the property from the petitioners since they had abandoned it for more than three months earlier. He had submitted that, as is clear from Ext.R1(d) filed along with his clients' counter affidavit, an Advocate Commissioner, who visited the property on 19.06.2020, found that the property was in the possession of one of their employees - Sri.Madaswamy.