VIJAYASREE Vs. SREENU

JUDGEMENT

(1.) THE petitioner is seeking to set aside the order dismissing the claim petition filed by her, viz. E.A. No.1002/2010 in E.P.No.276/2010 (Ex.RC.P No.81/2009) on the file of the Principal Munsiff's Court, Thiruvananthapuram.

(2.) THIS is a case where the eviction petition was allowed as per Ext.P1 order dated 4.3.2010 ex-parte. The respondent therein is one Bijukumar. The petitioner's case is that the petitioner is the absolute owner in possession of building bearing No. TC 67/537 and is residing there with her husband, parents and her brother Bijukumar since 2003. The petitioner obtained the said property as per settlement deed No.887 dated 29.4.2003 of Thiruvallam Sub Registry. It is stated in para 4 that during the stage of execution the officials from the court came to the petitioner's residence and attempted to evict her. It is the further case that the petitioner's building bearing No.TC 67/537 was not involved in the execution proceedings.

(3.) WHILE admitting the original petition, this Court passed an interim order of stay which is continuing.