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M.Nabeesath

High Court Of Kerala|26 May, 2014
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JUDGMENT / ORDER

Petitioner has approached this Court seeking to keep in abeyance Ext. P2 order, Ext. P3 report and recommendation of the 1st respondent as against the petitioner until a final decision is taken by the Munsiff's Court, Kottarakkara, in O.S. No. 620/2011. 2. The facts involved in the case would disclose that by Ext. P2 order, a decision was taken to cancel the decision taken by the Adalath on 30.6.2006 in respect of properties in re-survey nos. 9/2, 12 in DSA 4219/05 and 3361/06, to change the village records and restore the same to its earlier position. According to the petitioner, in view of the pendency of the civil suit, the respondent authority ought not to have issued Ext. P2. In fact, Ext. P2 has been issued based on Ext. P3 report dated 4.4.2012.
3. Having regard to the facts and circumstances involved in the matter, it is clear that when a civil suit is pending with reference to the very same property in which the petitioner is the defendant, it is all the more necessary that the revenue authorities ought to have waited till a final decision is taken in the civil suit with reference to the property in question. Hence, I am of the view that this writ petition can be disposed of as under:
W.P(C) No. 25985 of 2013 -: 2 :-
The respondents are directed not to implement Ext. P2 order till a final decision is taken in O.S. No. 620/2011 pending before the Munsiff's Court, Kottarakkara.
Sd/- A.M. Shaffique, Judge.
Tds/
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Title

M.Nabeesath

Court

High Court Of Kerala

JudgmentDate
26 May, 2014
Judges
  • A M Shaffique
Advocates
  • Sri
  • B Mohanlal