HIGH COURT OF KERALA
A.M.SHAFFIQUE, J
K MUHAMMEDKUTTY – Appellant
Versus
FATHIMA BEEVI Advocate -SRI ALEXANDER GEORGE – Respondent
JUDGMENT
Petitioner challenges Ext. P4 order dated 17-10-2014 passed by the Human Rights Commission directing the police to ensure that the direction issued by the Civil Court has to be complied with and that sufficient protection shall be granted to the petitioner to ensure her possession in the property.
2. The main contention urged by the petitioner is that though the 2nd respondent has obtained a decree in O.S. NO. 36/2008 from the Munsiff's Court, Manjeri, the petitioner has preferred an appeal as A.S. No. 60/2014 before the District Court, Manjeri. While the appeal was pending, the 2nd respondent had approached the Human Rights Commission and without notice to the petitioner, the aforesaid order came to be passed. Thus, according to the petitioner it is without jurisdiction and in violation of the principles of natural justice. Petitioner also submits that earlier W.P.C. No. 23218/2007, was filed by the 2nd respondent's mother seeking police protection before this Court which came to be dismissed permitting the petitioner to approach the Civil Court.
3. It is pointed out by the learned counsel appearing for the first respondent that Ext. P4 order is subject to any stay that mig
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