CHACKO ABRAHAM Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) Petitioner is the appellant in O.A.289 of 1975 before the Land Tribunal, Mavelikara. The Original application was filed for shifting the kudikidappu of the third respondent. The Land Tribunal allowed the original application and directed the petitioner to execute a registered document transferring his title, interest and possession in respect of the alternate property in favour of the third respondent. He was also directed to deposit Rs.1,500/- towards the cost of building and expenses for shifting the kudikidappu within two months. Petitioner executed the sale deed and deposited the amount within time.

(2.) Third respondent filed appeal under S.102 of the Kerala Land Reforms Act. The first respondent (appellate authority) dismissed the appeal. Against that third respondent filed C.R.P. 1048 of 1986 before this Court. The C.R.P. was also dismissed.

(3.) Petitioner filed petition under S.77(3) for shifting the kudikidappu. The Land Tribunal allowed the application. Ext. P-2 is the order. Against that the third respondent filed appeal (A.A.70/92) before the first respondent and moved for a stay of the proceedings. Ext. P4 is the notice issued by the first respondent calling upon the petitioner to appear on 28-1-1993. Ext. P4 notice is challenged in this Original Petition. Contention of the petitioner is that the appeal filed by the third respondent before the first respondent is not maintainable.