LAWS(KER)-1997-6-48

SUDHA DEVI Vs. CIRCLE INSPECTOR OF POLICE

Decided On June 16, 1997
SUDHA DEVI Appellant
V/S
CIRCLE INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) The petitioner is the owner in absolute possession and enjoyment of 2' 125 cents of land in survey number 2460/2/6 of Muttathafa Village. Ext. P1 is the copy of the sale dated 8th March 1994. The case of the petitioner is that she has filed O.S. No. 688 of 1994 before the Munsiff's Court, Thiruvananthapuram. Third respondent herein was the sole defendant in the suit. The second respondent is the husband of the third respondent. Judgment in the above suit was delivered on 31st January 1997. The operative portion of the Judgment is as follows:

(2.) Heard learned counsel for the petitioner and also the respondents 2 and 3. I also heard Government Pleader for first respondent.

(3.) Learned counsel for respondents 2 and 3 submitted before me that respondents 2 and 3 are not interfering with the possession and enjoyment of the land covered by the judgment in O.S. No. 688 of 1,994. His case is that the land covered by the Judgment in O.S. 688/94 is Government property. His further case is that third respondent is aggrieved by the Judgment of the Munsiff's Court and therefore proposes to file appeal against the said Judgment. He also submits that third respondent has not received certified copy of the Judgment and decree. The correctness or otherwise of the Judgment passed by the learned Munsiff will have to be decided in the appeal proposed to be filed by the third respondent.