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2010 Supreme(Ker) 468

PIUS C.KURIAKOSE, C.K.ABDUL REHIM
James. E. V. – Appellant
Versus
Grace Thomas – Respondent


Advocates Appeared:
For the Petitioner:Liji.J.Vadakedom, Advocate.
For the Respondent: No Appearance.

Judgment :

Pius C. Kuriakose, J.

Under challenge in this writ petition filed under Article 227 is Ext.P7 judgment of the District Judge, Kottayam dismissing RCRP No.1/2010 filed by the writ petitioners, who are conducting an Ayurvedic Hospital in the building in question, a substantial building situated in a very important locality of Kottayam Municipal town. RCRP No.1/2010 was a revision filed under Section 14 of Act 2 of of 1965 against an order of delivery passed by the Principal Munsiff, Kottayam in execution of eviction order passed against the revision petitioners in RC(O.P) No.10/2007. The ground prominently raised by the writ petitioners before the Munsiff Court was that the order of eviction passed in R.C(O.P) 10/2007 was a nullity and hence not executable. The above contention was repelled by the learned Munsiff and under the impugned order the same is confirmed by the learned District Judge.

2. Mr.Liji.J.Vadakkedom, learned counsel for the petitioners addressed strenuous arguments on the basis of the grounds raised in the writ petition assailing the order of the District Judge. The learned counsel submitted that the order of eviction under Section 11(3), which was passed











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