Citation : 2023 Latest Caselaw 9373 Ker
Judgement Date : 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Friday, the 25th day of August 2023 / 3rd Bhadra, 1945
WA NO. 1323 OF 2023
AGAINST JUDGMENT DATED 27/06/2023 IN WP(C) 6830/2023 OF THIS COURT
APPELLANT/PETITIONER:
SAJIKUMAR T.M., AGED 48, S/O. LATE THANKAPPAN, MACHINGAPARAMBU
PAZHAVEEDU P.O., ALAPPUZHA - 688009.
BY ADVS. M/S. SADCHITH.P.KURUP,
RESPONDENTS/RESPONDENTS:
1. THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA - 688001
AND 6 OTHERS.
BY SENIOR GOVERNMENT PLEADER FOR R1 TO R3
ADVS. M/S. K.V.ANIL, ANIRUDH KADAVIL, & M.J. RAJASREE FOR R4
ADVS. M/S. ARCHANA K.S. & AMAL S KUMAR FOR R7
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay all further proceedings pursuant to Ext.P3 & P9 to dispossess the
appellant from the property of 4.05 Ares in survey No.619/F of Pazhaveedu
Village, pending consideration of the writ petition.
This Writ Appeal again coming on for orders on 25/08/2023 upon
perusing the appeal memorandum and this court's order dated
22/08/2023, the court on the same day passed the following:
A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
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W.A.No.1323 of 2023
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Dated this the 25th day of August, 2023
O R D E R
A.Muhamed Mustaque, J.
The learned Government Pleader is directed to get
instructions.
Taking note of the nature of the dispute involved, we
are of the view that the Bank is free to handover the
possession of the building to the purchaser. The
possession of the building to the purchaser will be
subject to the outcome of the Writ Appeal.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SOPHY THOMAS, JUDGE ln
25-08-2023 /True Copy/ Assistant Registrar
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