The petitioner is the plaintiff in a suit for declaration in respect of the property mentioned in plaint in OS.No.463 of 2003 on the file of the Munsiff's Court, Cherthala. This was decreed in favour of the petitioner. The suit was dismissed. Thereafter the matter was carried in the appeal before the Sub Court, Cherthala in AS.No.70 of 2007. The Sub Court declared that the plaintiff is having title and possession of the plaint schedule property and the revenue recovery proceedings have been initiated is not binding on the plaint schedule property. It is submitted by the learned counsel for the petitioner that the above decree has become final and there is no second appeal. However, it is submitted that in spite of the above declaration the respondents failed to effect mutation in respect of the property in his favour. The Tahsildar by Ext.P5 stated that necessary steps have WP(C).No.32069/2014-G.
2 been taken to file appeal against the judgment and therefore for the time being the application cannot be accepted. I am of the view, in view of the declaration in Ext.P3, mutation shall be effected in favour of the petitioner. This shall be done within a period of four weeks. However, it is made clear that this will be subject to any challenge against Ext.P3 judgment.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
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