JANAKI PADMAKSHI Vs. SARASWATHI

JUDGEMENT

(1.) The first judgment debtor in E.P.No.1/99 in O.S.No.487 of 1981 of the Addl. Munsiff Court, Nedumangad challenges the legality and propriety of the order dated 18-11-1999 passed in the case refusing reference of the question of kudikidappu raised by him to the Land Tribunal and finding that the decree holder would be entitled to get delivery of possession of decree scheduled property. The suit was one for redemption.

(2.) Learned counsel for the revision petitioner submitted that the question of kudikidappu right of the first judgment debtor was left open to be decided in execution as per the final decree passed in the case and as such a reference of the question was inevitable.

(3.) Learned counsel for the respondents who was heard, however relied on the decision in Victoria v. K.V. Naik ( 1997 (6) SCC 23 ) to contend that even if it was so left open the contention would be barred by res judicata and a reference is unnecessary.