Evidently, the issue involved in this writ petition is a sibling dispute over the ownership of the property having an extent of 10 cents comprised in Survey No. 238/18-2 of Parippally Village. The third respondent herein is the elder sister of the petitioner. According to the petitioner as per sale deed 3326 of 2005 of Chathanoor Sub Registry registered by his mother Santhakumari he obtained the said property and immediately on execution of the said settlement deed he started construction of a residential building in that property using his own funds and a loan of Rs.6,50,000/- from the Nadakkal Service Co-operative Bank. It is his case that later he found it difficult to effect repayment of the loan and thereupon, he obtained financial assistance from the 3rd respondent to the tune of Rs.13,00,000/- and as a security to the said amount he executed sale deed No.4117 of 2012 of Chathanoor Sub Registry. The dispute over the ownership of the aforesaid property constrained the petitioner to institute O.S.No.102/2014 before the W.P.(C) No.14009 of 2014 2 Munsiff Court, Paravur. for setting aside the said sale deed executed in favour of the third respondent. In this writ petition this grievance of the petitioner is that steps have taken by the respondents Panchayat on the application submitted by the third respondent for effecting change of ownership in respect of the aforesaid property. Since, the parties are already before the civil court I am of the view that the petitioner have to move appropriate petition before the civil court for appropriate reliefs. When the admitted position is that a sale of the aforesaid property has been effected this Court cannot find fault with the part of the Grama Panchayat to effect the change of the ownership on the application of the vendee of the said property and the fact that suit has been instituted for setting aside the sale of the said property cannot be a reason for the respondent Panchayath to consider the application for effecting the change of ownership unless they are restrained from doing so or any order is passed by a contempt civil court impeding any action based on the same. Since, the petitioner is already before a competent civil court it will be open for the petitioner to work out his remedies, in accordance with law in that proceedings. As long as the reliefs sought for in this proceedings relates to the same property which is the subject matter in a pending civil suit this writ petition cannot be W.P.(C) No.14009 of 2014 3 entertained. In the said circumstances, without making any observation whatsoever on the merits of the claims and contentions the petitioner is left at liberty to work out his civil remedies, this writ petition is dismissed. Sd/-
C.T.RAVIKUMAR,JUDGE.
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