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2015 Supreme(Ker) 392

P.V.ASHA
NEVIN RAJU – Appellant
Versus
S. BASHEER – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI. A.A. ABUL HASSAN
For the Respondents: SRI. SYAM J. SAM, GOVERNMENT PLEADER SRI. REFEEK V.K.

JUDGMENT :

Petitioner has filed this Writ Petition as against the refusal on the part of the revenue authorities to effect mutation of his property. Petitioner purchased an item of the property as per Ext.P1 sale deed No.1274/2012 from the 2nd respondent. The sale deed was registered on 23.7.2012. The petitioner has produced Ext.P2 settlement deed executed by the mother of the 2nd respondent by which the 2nd respondent became the owner of the property which is the subject matter of Ext.P1. 2nd respondent is the wife of the 1st respondent and they are in strained relationship. Subsequent to the purchase of the property the petitioner submitted Ext.P9 application for mutation of the property before the Additional Tahsildar, Kottarakara pointing out that he requires the same for the purpose of the availing loan for construction of house. But the Additional Tahsildar, Kottarakkara as per Ext.P10 letter dated 5.2.2013 informed that the mutation could not be effected since the 1st respondent has filed O.S.No.437/2012 before the Munsiff Court, Kottarakara against the petitioner and the 2nd respondent, wherein a temporary injunction is granted in I.A.No.2230/2012. It is further stated that






























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