BELIEVERS CHURCH INDIA Vs. SUPERINTENDENT OF POLICE RURAL

JUDGEMENT

(1.) THE petitioner, Believers Church, represented by its Secretary, has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondent Nos.1 and 2 to afford protection to the petitioner for the peaceful enjoyment of property and conduct of religious service in this Church at Kattakada at Thiruvananthapuram. According to the petitioner, the petitioner has secured Ext.P1 decree against respondent Nos.3 and others.

(2.) IT is the case of the petitioner that in view of the decree, the petitioner is entitled to the uninterrupted enjoyment of the property in question where the Church is situated. According to the petitioner, in the light of Ext.P1 decree, respondent No.3 or respondent Nos.4,5 and 7 who are acting under respondent No.3 have no right whatsoever to obstruct the petitioner in the enjoyment of the property. Respondent No.5 was also by name a party to Ext.P1 decree, it is further pointed out. Respondent No.6 though originally arrayed as respondent, has subsequently been deleted from the array of parties.

(3.) IN response to a pointed query from us, the learned counsel for the petitioner as to whether Ext.P1 decree has been executed. It is admitted that, though execution petition is pending, the execution is not completed. The petitioner now asserts that the petitioner is already in possession of the property. How did he come in to possession of the property to recover which he has filed the suit and obtained a decree? No satisfactory explanation is offered.