Manjula Chellur, C.J.
Petitioner is before this Court complaining harassment at the hands of respondent police compelling her to withdraw O.S.No.246/14 on the file of Munsiff's Court, Kochi, a suit filed by her for specific performance.
2. Petitioner claims to have entered into an agreement of sale with party respondent in respect of 3.5 cents of land comprised in Sy.No.1589/1 of Kumbalanghi Village. After receiving summons, party respondent has lodged a complaint that she had borrowed certain amounts from petitioner and in spite of returning said amount, documents were not returned to her. Apart from conducting raids on three occasions, petitioner is being summoned to police station again and again, therefore, she is before this Court.
WP(C).15704/14 2 According to petitioner, no incriminating material was secured and the said raids were only to compel petitioner to withdraw suit for specific performance filed by her.
3. In the light of material on record that such suit is pending on the file of Munsiff's Court, Kochi against fifth respondent herein, we direct respondent police not to intervene in the civil dispute pending between the parties. Fifth respondent in her written statement before the civil court can bring on record all the defence available to her including that it was only a loan transaction and not an agreement of sale. In the light of the fact that the dispute is of civil nature, police shall not intervene in the matter.
With the above observation, the Writ Petition is disposed of.
MANJULA CHELLUR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE
vgs21.6.14