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2011 Supreme(Online)(KER) 28259

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, C.K. ABDUL REHIM, JJ
AYYAPPAN – Appellant
Versus
PRAMOD SO AYYAPPAN AGED ABOUT – Respondent


JUDGMENT

Pius C. Kuriakose, J The petitioner who was decree holder in O.S.147/94 complaints that even though the property in question is delivered over to him in execution of the above decree as per Ext.P1 delivery report, the judgment debtors from whose possession the property was delivered over, are even now obstructing the entry of the petitioner to the above property. He alleges that there is threat to his life from the party respondents and their workers. Even though the party respondents were issued with notice none of them have come forward to file any counter affidavit. The averments in the Writ Petition stands established by non-traverse. The learned Government Pleader submitted on the basis of instructions that there is some civil dispute between the petitioner and the party respondents. He submitted further W. P. C. No.16998 of 2011 -2-

that the party respondents assured the police that they have no intention to endanger the life of the petitioner. Whatever that be, as the averments in the Writ Petition Stands established by non-traverse, we are inclined to grant relief. We dispose of the Writ Petition directing respondents 1 to 3 to take prompt action on any complaint sub

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