K HARISCHANDRA HOLLA Vs. K MOHAMMAD HANEEF

JUDGEMENT

(1.) This is a petition filed by the petitioner challenging Ext. P6 order passed by the Sub Judge, Kasargod under Article 227 of the Constitution of India.

(2.) It is alleged in the petition that the petitioner is the judgment debtor in E.P. No. 74/2015 in O.S. No. 193/1995 of the Sub Court, Kasargod. The suit O.S. No. 193/1995 was filed by the predecessors of the respondent herein for recovery of possession of the plaint schedule property on the strength of title after removing the unlawful constructions made in the plaint schedule property. After trial, the suit was decreed as per Ext. P1 decree.

(3.) The petitioner filed A.S. No. 77/1998 before the District Court, Kasargod and it was made over to the Ist Additional District Court, Kasargod for disposal. The learned Ist Additional District Judge dismissed the appeal confirming the decree and judgment passed by the Court below against which the petitioner filed R.S.A. No. 339/2015 before this Court and this Court by Ext. P2 judgment dismissed the appeal. Thereafter, the respondent herein purchased the right of the decree holders in the property including the right to execute the decree and filed the execution petition for delivery of the property. At that time, the petitioner filed E.A. No. 24/2016 for referring the matter to the Land Tribunal under Section 125(3) of the Kerala Land Reforms Act, 1963 (the 'KLR Act' for short) to consider the question whether he is entitled to get the benefit under Section 106 of the KLR Act. After hearing both sides, the learned Subordinate Judge, Kasargod by the impugned order dismissed the application and ordered delivery on 11.04.2016 and report on 12.04.2016. Challenging this order, that the present petition has been filed by the petitioner under Article 227 of the Constitution of India.