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Judgment
Sunil Thomas, J
The petitioner herein has approached this Court, contenting that she is in possession of a flat by virtue of a mortgage deed, executed by the third
respondent, in her favour, on receiving valuable consideration. Few days back she was informed by the Hill Palace Police Station that, a complaint has
been lodged against her by the fourth respondent claiming himself to be the owner of the property. The grievance of the petitioner is that attempts are
being made to forcefully evict her.
When the matter came up for admission, Sri. Babu S. Nair took notice for the fourth respondent. On instructions, the learned Government pleader
submitted that a complaint was laid by the fourth respondent alleging that the 3rd parties were seen in his flat. Complaint was accordingly laid and for
the purpose of enquiring into the complaint, the petitioner was called to the police station. She went to the police station on 07.07.2021 and she gave
her statement. Crime No.820/2021 of Hill Palace Police Station has been registered. Investigation is progressing. It was also reported by the learned
Government Pleader that at present, the presence of the petitioner is not further required for the purpose of investigation.
It was also reported that the police on enquiry found that the petitioner was in occupation yesterday and day before yesterday. Having recorded
this, I find that in the nature of the contentions, no interim order is liable to be granted, except recording the occupation of the petitioner and that a
crime has been registered.
Serve a copy of the petition on Sri. Babu S. Nair. Issue notice to the 3rd respondent. Await further instructions and for counter, if any of the 4th
respondent.
Post on 21.07.2021.