(Dated this the 27th day of June, 2025)
This Original petition is filed by the petitioner by
challenging the impugned order, Exhibit-P1 passed by the Sub
court, Ottapalam on I.A.Nos. 5 & 6 of 2024 in O.S.NO.126/1991
by dismissing the application of the petitioner filed under Section
10 of C.P.C for staying the proceedings of the suit.
2. Heard the arguments of the learned counsel for the
petitioner and learned counsel for the respondent.
3. The case of the petitioner is that, the plaintiff in suit
filed for partition on separate possession in O.S.No.126/1996 and
during the pendency of the suit, issues was raised as they were
some tenant dispute in respect of some of the property. Therefore,
the civil court referred the dispute of tenancy to the land Tribunal
on 17.02.1999 as per the order, under Section 125 (3) of the
Kerala Land Reforms Act, (in referred as KLR Act). Subsequently,
the land Tribunal said to be submitted the report to the Civil
court and the petitioner said to be some of the defendants along
2025:KER:48349
with the plaintiff were filed an appeal before the Land appellate
Tribunal and matters pending before the appellate Tribunal.
Therefore, until findings given by the appellate Tribunal, the Civil
court should not proceed with the matter, hence filed application
for staying the present suit, the Trial court dismiss the
application, hence the petitioner approached this Court.
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