M K PRAKASH Vs. A P PARUKUTTY MOOPILAMMA

JUDGEMENT

(1.) This is a petition against respondents 1 to 5 for contempt of the Munsiff-Magistrate's Court, Perambra and of this Court, the 3rd respondent being the Munsiff-Magistrate himself. The case against respondent 5 has not been pressed and no charges have been framed against him.

(2.) Charges have been framed against each of the other four respondents and along with the charges, statements of allegations have also been furnished indicating the basis of the charges.

(3.) Disputes existed between the father of the petitioner, one Manakkal Krishnan, and the first respondent about the title to and possession of a mala-varam. The petitioner's father laid claim to 'Kalpadiyan Thirumudiyan' malavaram. Respondent 1 contended that there is no such malavaram and that it formed part of her own malavaram called 'Olathukki Ariyalakkan'. These rival contentions gave rise to a series of litigations. The earliest of these is O.S. No. 81 of 1953 of the Subordinate Judge's Court, Tellicherry wherein the petitioner's father was the 9th defendant and the 1st respondent herein, the 3rd defendant. Though the Trial Court held that the area claimed by the petitioner's father which was identified by the commissioner deputed by court as plots X-l to X-6 was in the possession of the 1st respondent and that she was entitled thereto, this finding was set aside and the matter left open in A.S. No. 75 of 1956 (K) taken before this Court by the petitioner's father.