IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).NO. 23003 OF 2010(O) ----------------------------------------- OS.1321/1999 OF MUNSIFF COURT,CHAVAKKAD PETITIONER(S): ----------------------- USHA, D/O.THEPPURATH SANKARAN, KARAKKAD DESOM, GURUVAYOOR AMSOM, CHAVAKKAD TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): -------------------------- 1. KUNJIPATHUNNI, W/O.ARACKAL KURUPPATH ALIMON, KARAKKAD DESOM, GURUVAYOOR AMSOM, CHAVAKKAD TALUK. 2. SHANAVAS, S/O.ARACKAL KURUPPATH ALIMON, KARAKKAD DESOM, GURUVAYOOR AMSOM, CHAVAKKAD TALUK. 3. RINISHA, D/O.ARACKAL KURUPPATH ALIMON, KARAKKAD DESOM, GURUVAYOOR AMSOM, CHAVAKKAD TALUK. 4. NISHAD, S/O.ARACKAL KURUPPATH ALIMON, KARAKKAD DESOM, GURUVAYOOR AMSOM, CHAVAKKAD TALUK. 5. RAJEENA, D/O.ARACKAL KURUPPATH ALIMON, KARAKKAD DESOM, GURUVAYOOR AMSOM, CHAVAKKAD TALUK. 6. RIYAS, S/O.ARACKAL KURUPPATH ALIMON, KARAKKAD DESOM, GURUVAYOOR AMSOM, CHAVAKKAD TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.23003 of 2010 ==================================== Dated this the 22nd day of July, 2010 J U D G M E N T Defendant No.2 in O.S. No.1321 of 1999 of the court of learned Munsiff, Chavakkad is the petitioner. That is a suit filed by the predecessor-in-interest of respondent Nos.1 to 5 for recovery of possession and mandatory injunction to direct petitioner and defendant No.1 (defendant No.1 expired) to demolish plaint B schedule building which is allegedly situated in plaint A schedule and over which deceased plaintiff claimed right as per a sale deed of the year, 1974. Petitioner and defendant No.1 claimed kudikidappu right over 10 cents of land which according to them formed part of plaint A schedule and relied on the purchase certificate issued to them in O.A. No.50 of 1990. Plaintiff challenged that order before the Appellate Authority (Land Reforms) which allowed the appeal and remitted the case to the Land Tribunal. The Land Tribunal then allowed the application assigning 5 cents of land to the petitioner and defendant No.1. That order was challenged by the plaintiff in A.A. No.9 of 2007 which stands posted on 28.07.2010. In the meantime the suit is W.P(C) No.23003 of 2010 -: 2 :- posted for hearing on 23.07.2010. Learned counsel for petitioner contends that since the Original Application was filed before the institution of the suit, there is no bar for the Appellate Authority deciding the matter and if before the appeal is disposed of the suit is decided petitioner is likely to suffer hardship. Learned counsel prays for a direction to the learned Munsiff to remove the case from the list and a further direction to the Appellate Authority (L.R.) Thrissur to dispose of A.A. No.9 of 2007 at the earliest. 2. Petitioner has not approached the learned Munsiff with any request for adjournment of the case. I make it clear that it is open to the petitioner to move learned Munsiff, Chavakkad for the said purpose stating appropriate reasons. In the meantime the Appellate Authority (L.R.), Thrissur is directed to dispose of A.A. No.9 of 2007 if preliminary steps are over at the earliest and at any rate within a month from the date of receipt of a copy of this this judgment. Writ Petition is disposed of with the above observation and direction. THOMAS P. JOSEPH, JUDGE. vsv