The petitioner has been impleaded in the execution proceedings only as the legal heir of the deceased first judgment debtor and not in his personal capacity. The execution court was therefore right in refusing to refer the question of 'kudikidappu' to the land tribunal in the face of the decree. The order directing the property to be delivered over to the decree holder in the circumstances calls for no interference.
2. This however will not affect the prosecution of O.A. No. 11/2014 on the file of the Land Tribunal, Thiruvananthapuram. This is because the petitioner contends that an independent right is claimed in the original application.
The Original Petition is dismissed subject to the above clarification.
ncd V. CHITAMBARESH JUDGE