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2018 Supreme(Online)(KER) 16174

HIGH COURT OF KERALA
K.P.JYOTHINDRANATH, J
ABDUL RAHMAN – Appellant
Versus
BINOY – Respondent


J U D G M E N T

The case of the petitioner is that the petitioner is a bonafide purchaser of 29.5 cents of land. It was purchased as back as in 1989. He constructed a house and was stayed therein for the last so many years. Now, it is found that he is a party in an execution proceeding in O.S.No.498/1983. Seeing that the subject matter of the said suit is in respect of his property, he filed O.S. 1462/2009 before the Sub Court, Thrissur. His prayer is that even though he moved an I.A. 9185/2009 in O.S. 1462/2009, so far the said I.A. is not ordered and the execution proceedings is going on. His prayer herein is to stay the execution proceedings till the disposal of I.A. 9185/2009.

2. In this case, the learned counsel for the respondent submitted before this court that the vendor of the petitioner herein obtained the property pending the said suit. Under such circumstances his claim will not be sustained.

The prayer made herein is not allowable under article 227 of the Constitution of India. Under such circumstances, this petition is dismissed. Surely, the petitioner got a grievance that even though the interlocutory application i.e. I.A. 9185/2009 is filed in the year 2009, so far not

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