Manjula Chellur,CJ
Petitioner's counsel submits, there was an agreement of sale with additional 5th respondent and her sister, who were arrayed as defendants 2 and 3 before civil court. According to petitioner, they did not want to press the suit for specific performance; but the petitioner only sought for return of the amount paid as advance. The said suit came to be decreed as ex parte. Further, though an application came to be filed for setting aside the ex parte decree and judgment, the same came to be dismissed. Now execution petition is filed for recovery of money as per Ext.P3. According to petitioner, the property documents with him would be returned to defendants 2 and 3 once the amounts are realised.
2. Submissions of learned Government Pleader is to the effect that additional 5th respondent lodged a complaint complaining that petitioner is forcing her to execute the sale document. Therefore, petitioner is summoned to the police station to enquire into the matter .
W.P.(C) No.15352 of 2014 2 Once judgment and decree of civil court are against the complainant, she has to seek remedy before the appropriate Forum and not by filing complaint. If there is already a civil decree in favour of petitioner, against the complainant, who was 3rd defendant and also her sister, we fail to understand how police could sit over the matter as appellate authority and decide the issue. If complainant intends to challenge the decree and judgment, it is always open to her to do so and also seek intervention of civil court. Police have no business to intervene in the matter as civil decree is already in favour of petitioner.
Accordingly, we allow the writ petition. We direct the respondent police not to intervene in the matter and direct the complainant to approach the civil court concerned.
MANJULA CHELLUR, CHIEF JUSTICE sj 19/06 P.R.RAMACHANDRA MENON, JUDGE.