N.K.PRASANNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioners are the applicants in CMP 670/2025 in M.C.52/2022 on the file of Judicial First Class Magistrate Court-I, Haripad. They filed the above application being aggrieved by the order passed by the learned Magistrate in C.M.P.1060/2022 in M.C.52/2022.

(2.) M.C.52/2022 was filed by the respondents 2 to 4 against respondents 5 and 6 under Sec. 12 of the Protection of Women from Domestic Violence Act (D.V. Act for short) seeking various reliefs. In the above M.C, respondents 2 to 4 filed C.M.P 1060/2022 under Sec. 23 of the D.V. Act seeking interim reliefs. As per order dtd. 28/4/2022, the learned Magistrate passed an interim order in favour of respondents 2 to 4 and against 5 and 6 which includes the following relief :

(3.) According to the revision petitioners, out of the total extent of 18.95 ares of property scheduled in C.M.P 1060/2022 and belonged to respondents 5 and 6, a portion having an extent of 3.93 ares was purchased by one Easo V.G as per sale deed No.994 dtd. 16/7/2016. Later on, Easo V.G sold the said property in favour of D.Geevarghese as per sale deed No.378 dtd. 20/3/2023. From D.Geevarghese, the revision petitioners purchased 2.43 ares of property as per the sale deed No.76 dtd. 21/1/2025. Therefore, the revision petitioners filed C.M.P.670/2025 before the learned Magistrate to vacate the interim order with respect to the property purchased by them. However, as per the order dtd. 14/5/2025, the learned Magistrate dismissed the said application on the ground that there is no provision in the D.V. Act to declare the title of a person and therefore, directed the revision petitioners to approach the Civil Court. Being aggrieved by the above order passed by the learned Magistrate, they preferred this Revision.