P.K. RAJAN Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Sri.Abraham Samson, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Government Pleader appearing for respondents 1 & 2. In the nature of the orders proposed to be passed in this Writ Petition, notice to contesting respondent No.3 will stand dispensed with.

(3.) The petitioner would state that the landed property and the residential building thereon is jointly owned by the petitioner and the 3rd respondent (wife). That has filed O.P(HMA)No.516/2014 seeking divorce and O.P.No.517/2014 seeking declaration of title, recovery of position of the petitioner's scheduled property and realisation of money and return of gold ornaments, etc, before the Family Court, Pathanamthitta. That the Family Court has passed ex-parte decree in O.P No.517/2014 in the matter of declaration of title, recovery of position, etc. The petitioner apprehends that pursuant to the said ex-parte decree, the 3rd respondent might take steps for getting the mutation of the properties revised, so as to exclude the name of the petitioner from the mutational records, even though the petitioner has filed applications to set aside the impugned ex-parte decree as well as the application to condone the delay to file the application to set aside the said ex-parte decree, etc. The learned Senior Government Pleader who was asked to get instructions has submitted on the basis of instructions from the 2 nd respondent- Village Officer that so far the 3 rd respondent has not filed any formal application seeking change of mutation, so as to exclude the name of the petitioner from the mutational records, in respect of the subject property. Pursuant to the directions issued by this Court, the Family Court, Pathanamthitta has now filed a report dated 01.01.2019 addressed to the Registry of this Court, in which inter alia it has been submitted that I.A.No.1833/2018 & I.A.No.1834/2018 has been filed by the petitioner herein in O.P.No.517/2014 for setting aside the impugned ex-parte decree and also for condoning the delay in filing the said application and that the matter has now been advanced and that efforts will be taken for disposal of the said I.As, within 2 1/2 months time. It is also stated that the petitioner has also now filed I.A.No.1934/2018, seeking a direction from the Village Officer, Ezhamkulam, not to delete the name of the petitioner from the revenue records with respect to the property having an extent of 5 Ares in re-survey No.329/2010, till the disposal of I.A.No.1834/2018, etc. Pursuant to ex-parte decree that the 3rd respondent has filed execution petition as E.P.No.16/2017, in which the petitioner herein (Judgment Debtor No.1) had entered appearance and that from the records it is seen that on 15.10.2018, the delivery of the petition scheduled property has been effected and after effecting delivery, Order XXI Rule 37 notice has been issued against the JD No.1 and that thereafter JD No.1, who is the writ petitioner herein has entered appearance and has filed objection on 17.12.2018 and the E.P now stands posted to 08.01.2019, etc.