IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 CRP.No. 204 of 2008() --------------------- AA.94/1995 of A.A.(LR),THRISSUR OA.3648/1976 of LAND TRIBUNAL, OTTAPALAM .................... REVN. PETITIONER: APPELLANT --------------------------- VEERAMANI, S/O.LATE KANTHAN CHETTIAR, CHELAKKARA ANGADI, CHELAKKARA, THALAPPILLY TALUK. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: RESPONDENTS & SUPPL.RESPONDENTS/LEGAL HEIRS -------------------------------------------------------- 1. GOVINDAN CHETTIAR (DIED) AYYA SWAMI, S/O.LATE KANTHAN CHETTIAR 2. C.K.RAJAN, S/O.LATE KANTHAN CHETTIAR 3. C.K.RAJAMANI, S/O.LATE KANTHAN CHETTIAR. 4. C.K.SARASWATHI, S/O.LATE KANTHAN CHETTIAR 5. C.K.KAMALAM, D/O.LATE KANTHAN CHETTIAR 6. C.K.SUNDARI, W/O.LATE KANTHAN CHETTIAR 7. RECEIVER, KAVALAPPARA ESTATE, OTTAPPALAM. 8. RENGANAYAKI,W/O.GOVINDAN CHETTIAR, VANIYAMKULAM, VANIYAMKULAM VILLAGE, OTTAPPALAM TALUK. 9. AYYA SWAMY, S/O.GOVINDAN CHETTIYAR, VANIYAMKULAM, VANIYAMKULAM VILLAGE, OTTAPPALAM TALUK. 10. THILAKAM, D/O.GOVINDAN CHETTIAR, VANIYAMKULAM, VANIYAMKULAM VILLAGE, OTTAPPALAM TALUK. 11. RAJENDRAN, S/O.GOVINDAN CHETTIYAR, VANIYAMKULAM, VANIYAMKULAM VILLAGE, OTTAPPALAM TALUK. 12. KANAKARAJ, S/O.GOVINDAN CHETTIAR, VANIYAMKULAM, VANIYAMKULAM VILLAGE, OTTAPPALAM TALUK. 13. SELVARAJ, S/O.GOVINDAN CHETTIAR, VANIYAMKULAM, VANIYAMKULAM VILLAGE, OTTAPPALAM TALUK. 14. DEVARAJ, S/O.GOVINDAN CHETTIAR, VANIYAMKULAM, VANIYAMKULAM VILLAGE, OTTAPPALAM TALUK. 15. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. G.P.SRI.V.T.K.MOHANAN FOR R15. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. N. Krishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No. 204 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of March, 2008 O R D E R This revision is preferred from an order of the Appellate Authority, Thrissur in A.A. No.94/95, whereby the Appellate Authority confirmed the decision of the Land Tribunal and dismissed the appeal. 2. It is submitted that there was a suit for recovery of possession, on the strength of title deed, filed by the present revision petitioner, wherein the defendants are the respondents herein and a question of tenancy had arisen therein and the matter was referred to the Land Tribunal as R.C. No.9/92. The Land Tribunal answered the reference in the light of its findings in the original application, thereby the finding in favour of the defendants in the suit that they are the tenants of the property. I am informed that against the said decision an appeal is preferred and it is pending before the Subordinate Judge's Court, Ottappalam. There is no point in having parallel proceedings continuing. It is always desirable that the question of tenancy can be considered by the Appellate Court exercising its jurisdiction. CRP 204/08 -2- 2. Therefore, I dispose of the revision petition holding that the finding of the Appellate Authority in A.A. No.94/95 will not stand in the way of the Appellate Court considering the question of tenancy and the decision of the civil court on the question of tenancy when becomes final will be the governing factor for granting relief to the parties. In other words, the ultimate decision will be taken, upon the finality of the civil court judgment. The Civil Revision Petition is disposed of, accordingly. M.N.Krishnan, Judge. mn.