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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
MOIDHEN KUTTY @ UNNIYAN – Appellant
Versus
SAITHULA MUSLIYAR – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of stay in partition suit. (Para 1 , 3) |
| 2. arguments for and against stay application. (Para 2 , 4) |
| 3. court's obligation to accept land tribunal findings. (Para 6 , 7 , 8) |
JUDGMENT (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 Section10 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 petition
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