Moran Mar Baselious Marthoma Mathews Ii vs State Of Kerala on 28 January, 2003
In this case, petitioner claims ownership over the
scheduled properties on the basis of inheritance, while
respondent no.9 claims ownership on the basis of a registered
sale deed. In view of the fact that the sale deed under which
respondent no.9 is claiming acquisition of title is under challenge
in a civil suit filed by the petitioner herein, it would not be
appropriate for this Court to pass any orders as it would affect
rights and contentions of either of the parties in the pending civil
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suit. A useful reference may be made to the decision of Hon'ble
Supreme Court in the case of Moran M. Baselios Marthoma
Mathews II v. State of Kerala, reported in (2007) 6 SCC
517, wherein it observed that: