Varghese Kalliath, J.

This case was referred to a Full Bench along with S.A.364/81 by a Division Bench of this Court. The Division Bench thought that the decision in Parameswaran Thampi v. Podiyan Thomas (1984 KLT 397) required reconsideration by a Full Bench. The Full Bench. after hearing S.A.364/81 in extensor. was of the opinion that S.A.364/81 can be disposed of without deciding the correctness of the question of lis pen dens decided in Parameswaran Thampi's case. In considering S.A. 472/81 the Full Bench observed that since the Full Bench has decided not to reconsider the question decided Parameswaran Thampi's case since that question was not arising for the disposal of the case. S.A. 364/81. there is no necessity to dispose of this appeal (SA 472/81) by the Full Bench. It is observed in the order of the Full Bench that the respondent in this appeal contended that the question of lis pen dens does not arise in this case and therefore that question need not be decided in this case by the Full Bench. In view of these circumstances. the Full Bench thought that this case can be decided by a Division Bench of this court. Thus. this case comes up for decision by us. Now.