JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking a mandamus to respondents 5 and 6 to register the properties scheduled in Exs.P2 to P4 in favour of petitioners 2 to 4

(2.) A counter affidavit has been filed on behalf of the the 5th respondent, wherein it is pointed out that in OS No.659 of 2012, a suit in which the petitioner is a party, the Munsiff court, Alappuzha has directed him to specifically perform the contract dtd. 10/12/1996 and to execute the sale deed in favour of the plaintiff, therein or in the alternative, allow the plaintiff to release an amount of Rs.50,000.00 with 18% interest per annum till realisation of the amount from the first defendant and others. In the light of the adjudication by the civil court, no orders can be passed in the above writ petition

(3.) The learned counsel for the respondents 2 to 4 also relies on the judgment of this Court in Abdul Majeed v. Shareefa (2014 KHC 3043) to submit that in cases where civil suits arepending consideration and the rights of the parties are to be decided, no orders as sought for can be granted.