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Judgment
Devan Ramachandran, J
The petitioners impugn Ext.P10 order issued by the 1st respondent - Revenue Divisional Officer (RDO) and seek a further direction to effect transfer of Registry of the property covered by Ext.P10, without waiting for the final disposal of Ext.P6 Suit, pending before the Sub Court, Muvattupuzha.
When this matter was called today, it was submitted by the learned counsel for the petitioners that, pending this lis, the afore mentioned Suit has been decreed on a compromise between the parties.
I, therefore, asked the learned Government Pleader – Sri.Riyal Devassy whether the 1st respondent – RDO is willing to reconsider the matter de hors Ext.P10, adverting to the relevant and germane documents, including the decree issued by the Sub Court; to which, he replied to the affirmative, but prayed that this Court make no conclusive declarations in favour of either of the parties.
The learned counsel for the 3rd respondent – Sri.P.Thomas Geeverghese, submitted that if this Court is setting aside Ext.P10 without entering into the merits of the contentions of the rival parties, then it may be clarified that his client also be heard by the RDO when the application, against the original transfer of Registry of the property in favour of the petitioners, is consequently reconsidered.
Taking note of the afore submissions, I allow this writ petition and set aside Ext.P10; consequently directing the 1st respondent – RDO to reconsider the application of the 3rd respondent - which originally led to the said order, after affording him, the petitioners and any other person who may be interested, an opportunity of being heard and adverting to all relevant and germane documents, including the decree of the competent Civil Court in Ext.P6 Suit.
The afore shall be done as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.