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2024 Supreme(Ker) 93

VIJU ABRAHAM
Beevi Umma W/o Muhammed Haji – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Jamsheed Hafiz, K.K. Nesna, T.S. Sreekutty.
For the Respondents: K. Sujai Sathian, Preethi P.V., M.V. Balagopal, Mary Liya Sabu, Sangeetha Sreekumar, Deepa V.

JUDGMENT :

VIJU ABRAHAM, J.

1. The above writ petition is filed seeking the issuance of a writ of mandamus directing the 2nd respondent to register the gift deed executed by the 1st petitioner dated 25.05.2023 within a time limit to be prescribed by this Court.

2. As per the averment in the writ petition, the 1st petitioner is the owner of 11 Ares 73 sq. metres of land in survey no. 15/1-1, 2 Ares 42.1 sq. metres of land in survey no. 15/2-2 and 9 Ares 31.1 sq. metres of land in survey no. 15/3-2 of Valavannur Village in Tirur Taluk, Malappuram District, obtained as per document no. 373/1967 of SRO, Kalpakancheri. The 1st petitioner is in possession of the property and is remitting tax from 1967 onwards. While so, the additional 3rd respondent filed a suit as O.S. No. 96 of 2022 before the Sub Court, Tirur seeking specific performance of a contract and Ext.P2 conditional attachment order was ordered on 18.10.2022. It is the contention of the petitioners that the agreement, the 3rd respondent is relying on, is a fabricated document by forging the signature of the 1st petitioner and thereupon the 1st petitioner has filed a complaint before the police and Ext.P3 FIR in Crime No. 88 of 20

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