This is a petition filed under Article 227 of the Constitution of India seeking the following reliefs: i. Stay all further proceedings in Ext.P3 execution petition in O.S.4/1980 till the disposal of OA No.64/2002 pending before the Land Tribunal, Cherthala.
ii. Issue a direction to the 5th respondent to complete the proceedings and pass orders on O.A.No.64/2002 in a time bound manner according to law.
2. It is claimed that the property that is sought to be delivered is the subject matter of O.S.No.4/1980. The claim of the petitioner is that he is the sole legal heir of Nangalikutty and respondents 1 to 4 are the legal heirs of Kunjikutty Pillai Gauri Pillai. The plaintiff filed the suit as O.S.No.409/1975 seeking relief of permanent injunction in respect of 53 cents of garden land comprised in survey No.423/2/2 of Kayamkulam village.
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The plaintiff claimed right over the said property and according to the plaintiff, she obtained the property as per the gift deed executed by her mother and she is residing there. The allegation of the plaintiff was that the petitioner's predecessor in interest, with an intention to reduce portions of the plaint schedule property, attempted to trespass into the plaint schedule property. The allegation is that Kunjikutty Pillai filed a suit in which she claimed title over the plaint schedule property which is having an extent of 5 cents in Sy.No.423/2/of Kayamkulam village and for recovery of possession and the said property forms part of 53 cents of land obtained by her as per the gift deed. That suit was initially dismissed and the appeal filed before the lower appellate court was allowed in part. Second appeal was preferred and it was dismissed by this Court holding that defendants in the suit is entitled to the benefit of Section 60(b) of the Easements Act. Again the decree holders in O.S.No.4/1980 sought for execution of the decree.
3. This original petition is filed pointing out that there is an O.A. pending as O.A.No.64/2002 before the Land Tribunal,
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Cherthala and till that O.A is disposed of, execution proceedings may be kept in abeyance.
The suit is of the year 1980 and 34 years have elapsed. If the petitioner succeeds in the petition before the Land Tribunal, Cherthala, he can seek appropriate remedies. The mere fact that O.A is pending is not a reason to stay the execution petition.
This petition is without merits and it is accordingly dismissed.
Sd/-
P.BHAVADASAN JUDGE smp