BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a petition for police protection. The petitioner complains of illegal acts of obstruction and trespass by respondents 3 to 5. According to him, the 2nd respondent herein is not affording adequate police protection against the illegal acts complained of by him. He also complains that the police is not taking any action on his complaints.

(2.) THE dispute in this case relates to 94 cents of property in the Varantharappilly Village which was purchased by the petitioner as per document No.2401 of 2009. THE 3rd respondent was at one point of time the owner of the property. She had assigned the same to one Mythri Chits and Finances Private Limited as per a registered document. After the assignment it is alleged that respondents 3 to 5 trespassed into the property and therefore, a suit was filed by the said Mythri Chits and Finances Private Limited as O.S.No.242 of 2007 before the Sub court, Irinjalakuda in which a decree for recovery of possession was granted. THE property was got delivered in execution of the decree through court. THE 3rd respondent is alleged to have filed a petition for setting aside the said exparte decree. However the petition was dismissed. Against the dismissal of the same, CMA No.95 of 2009 is filed, which is said to be pending. THE petitioner has filed O.S.No.196 of 2011 before the Munsiff Court, Irinjalakuda which is also pending. As per the interim orders in the said suit, according to the petitioner he has been permitted to take usufructs from the properties.