ST ZACHS ESTATE Vs. VELLIYAMATTOM BHAGAVATHY DIETY

JUDGEMENT

(1.) Though this original petition was originally filed in challenge of Ext.P5, order passed by the learned Sub Judge, Thodupuzha on I.A.No.1115 of 2012 in O.S.No.90 of 2009 refusing to permit petitioner to remove the old rubber trees in 33 Acres and replant that property. That prayer is amended as per permission of this Court as to call for records relating to I.A.No.1115 of 2012 and grant permission as aforesaid.

(2.) Respondents 1 to 6 filed O.S.No.90 of 2009 against petitioner/third defendant and respondents 7 to 16 for recovery of possession of the suit property and for prohibitory injunction against alienation of the said property. On I.A.No.180 of 2011 filed by the first respondent, learned Sub Judge had passed an order of temporary injunction restraining petitioner and others from committing waste in the suit properties or inducting third parties into possession. Petitioner and others raised plea of tenancy which was required to be answered by the Land Tribunal (for short, "the Tribunal") and accordingly, the matter was referred to the Tribunal under Sec.125(3) of the Kerala Land Reforms Act (for short, "the KLR Act").

(3.) After the question of tenancy was referred to the Tribunal for a finding, petitioner filed I.A.No.1115 of 2012 as aforesaid. Learned Sub Judge, referring to the judgment dated 08.10.2012 in O.P(C).No.1414 of 2012 took the view that since question of tenancy was referred to the Tribunal under Sec.125(3) of the KLR Act, there is a statutory stay so far as the Civil Court is concerned and hence no order could be passed on I.A.No.1115 of 2012. That application was deferred for decision as per Ext.P5, order dated 14.12.2012. Hence this original petition and amended original petition as aforesaid.