The certificate of purchase obtained by the petitioner has been found to be hit by lis pendens in the suit and in the appeals therefrom. It is because the certificate of purchase was procured when the suit stood dismissed for default which was however restored. This view is in accord with Parameswaran Thampi v. Podiyan Thomas [1984 KLT 397].
2. Therefore no case for a reference to the Land Tribunal arises in the proceedings for execution of a decree. The application filed by the petitioner for a reference under Section 125(3) of the Kerala Land Reforms Act has been rightly dismissed by the Court below. There is no error of jurisdiction in the order impugned warranting interference in this supervisory jurisdiction.
The Original Petition is dismissed.
DCS V.CHITAMBARESH JUDGE