LAWS(KER)-1957-12-21

KURUVILLA CHERIYAN Vs. KURUVILLA CHANDY

Decided On December 13, 1957
KURUVILLA CHERIYAN Appellant
V/S
KURUVILLA CHANDY Respondents

JUDGEMENT

(1.) This appeal arises from an order directing the re-delivery of properties taken possession of by the decree holder pursuant to a decree for ejectment. The decree was one passed by the Travancore-Cochin High Court on 16-2-1954 in A.S. No. 158 of 1953 confirming the decision of the District Court of Kottayam in O.S. No. 114 of 1122. Soon after the appellate decree the decree holder obtained delivery through court on 9-3-1954. The judgment - debtor applied for re-delivery on 3-4-1954, but that application was dismissed on 15 -10-1954. In appeal the order was reversed and the proceedings were remitted to the lower court for fresh disposal in the light of the remand order. The revised order was passed by the Subordinate Judge, Meenachil to whose court the case was transferred from the file of the Kottayam District Court. The date of the revised order is 8-7-1957.