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2016 Supreme(Online)(KER) 32562

HIGH COURT OF KERALA
SHAJI P.CHALY, J
A C PRASAD – Appellant
Versus
VILLAGE OFFICER, PAZHAVANGADI – Respondent


J U D G M E N T

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According to the petitioner, he become vested with the possession and enjoyment of 94 ares of land in Pazhavangadi Village based on Ext.P1 will and on the death of the testator evident from Ext.P2. Consequent to which petitioner has submitted Ext.P3 application for mutation before the respondents, which is pending consideration. According to the petitioner, mutation is not effected by the statutory authority under the transfer of registry rules for the reason that, suit filed by a 3rd persons is pending consideration before the Subordinate Judges Court, Pathanamthitta as O.S.No.150/2013 and in which attachment of the property is ordered by the said court. These are the background facts of this writ petition.

2. Heard learned counsel for the petitioner, learned Senior Government Pleader and perused the documents on record and pleadings put forth by the petitioner.

3. The subject issue considered by this Court in various judgments and by now it is well settled that mere pendency of a revenue proceeding or a Civil suit is not a disabling circumstance for the authority under the transfer of registry rules to effect mutation of the property, which will be

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