AMBROSE Vs. STATE OF KERALA

JUDGEMENT

(1.) As common issues are involved and similar orders are under challenge in these original petitions under Article 227 of the Constitution of India, these cases are disposed by this common judgment.

(2.) O.P.No.38180/2002 was filed aggrieved by order of the Sub Court, Kattappana dtd. 23/11/2002 in E.A.No.186/2002 in E.P.No.58/2000 in O.S.No.255/1994. Petitioner is the respondent/judgment debtor before the court below. By the impugned order the Sub Court, Kattappana directed Circle Inspector of Police, Kumily to assist Amin and Surveyor as the petitioner offered resistance when the said officers went to effect survey and delivery in the execution proceedings. Similar order dtd. 19/11/2002 passed in E.A.No.184/2002 in E.P.No.56/2000 is under challenge in O.P.No.38885/2002. In O.P.No.38926/2002 another analogous order dtd. 19/11/2002 passed by the Sub-Court in E.A.No.185/2002 in E.P.No.57/2000 is under challenge.

(3.) In O.S.No.260/1994 and other similar suits the Sub Court, Kattappana passed decrees holding that the 5th respondent in these original petitions is entitled to recover possession of the respective plaint schedule properties from the defendants. Defendants were ordered to surrender vacant possession of the suit property. Survey plans submitted by the Advocate Commissioner was appended to the decrees.