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2002 DIGILAW 637 (KER)

Gopalakrishnan v. P. Leela

2002-09-23

B.N.SRIKRISHNA, R.BASANT

body2002
Judgment :- Srikrishna, C.J. This is yet another attempt to bypass the orders of the civil court by interposing police authorities. 2. We have made it clear time and again that disputes of civil nature between the parties with regard to the rights touching any immovable property must be adjudicated by appropriate proceedings before a competent civil court. In the present case, both the petitioner and the 4th respondent filed suits against each other in which the civil court has passed an order for status quo. Instead of seeking remedies in the existing suits (or filing a fresh suit, if the party allegedly causing trouble was another person) an attempt was made by the 4th respondent to bypass the process of the civil court by filing O.P.No.11452 of 2002 by interposing police authorities and even without impleading the present petitioner at whose instance respondents 2 and 3 are said to be causing trouble. Instead of filing an appeal against the order dated 7th June, 2002 in O.P.No.11452 of 2002 by leave, the present petitioner also has chosen to file the present original petition in which again a direction is sought to the police authorities to give protection to the petitioner and his property by enforcing the order of the Sub Court dated 8-8-2001. 3. In our view, all these proceedings resorted to by the present petitioner and the 4th respondent are thoroughly misconceived and amount to abuse of the process of law. It is on account of these misconceived proceedings that the pipeline of judicial administration gets choked. People who really need assistance of the court are not able to ventilate their grievances before court for a very long time because the wheels of administration of justice get clogged by such frivolous matters. In any event, we notice that the order dated 7th June, 2002 made in O.P.No. 11452 of 2002 has expired by or about 7th july, 2002 as it had not been further extended. In these circumstances, there is no need to entertain this writ petition at all. Original petition is dismissed. However, taking into consideration that both the petitioner and the 4th respondent are equally guilty for wasting the precious judicial time of this court, it is a fit case in which costs should be imposed on both. The petitioner and the 4th respondent shall pay a sum of Rs. Original petition is dismissed. However, taking into consideration that both the petitioner and the 4th respondent are equally guilty for wasting the precious judicial time of this court, it is a fit case in which costs should be imposed on both. The petitioner and the 4th respondent shall pay a sum of Rs. 1000/- each to the Kerala State legal Services Authority. Liberty to the petitioner and 4th respondent to proceed against the respective counsel for recovering the costs ordered by us either by way of civil suit or by moving the Consumer Disputes Redressal Forum.