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2020 Supreme(Online)(KER) 36716

HIGH COURT OF KERALA
A.M.SHAFFIQUE, GOPINATH, JJ
FEBIN M. JOSE – Appellant
Versus
ELAMMA LUKOSE – Respondent


Advocates:
SRI.THOMAS KACHIRAMATTOM SRI.PHILIP T.VARGHESE

JUDGMENT

Dated this the 8th day of December 2020 Shaffique, J.

This writ appeal has been filed by respondents 1 to 3 in W.P.(C)No.18118/2020 challenging judgment dated 9.11.2020 in W.P.(C)No.18118/2020. By the impugned judgment, the learned single Judge had directed respondents 5 and 6, i.e., the Police Officers to ensure law and order to be maintained and that no harm is caused to the petitioners by respondents 1 to 3 or any other persons claiming under them. The complaint of appellants is that on the basis of the aforesaid police protection, the respondents are trying to trespass into the property involved in O.S.No.209/2009, which is a case filed for partition of the property of one Kuruvila. A preliminary decree had been passed. The plaintiff one Baby was held to be entitled to 1/12 share of the family properties. However, final decree proceedings are pending before the Civil Court. According to the appellants, at this stage the respondents have sought for police protection and with the help of Police, they are trying to oust the appellants from the decree schedule property.

2. We heard the learned counsel appearing for the writ petitioners, who are respondents 1 and 2 herein. The

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