High Court Kerala High Court

Radhamony vs Chellappan Pillai on 9 January, 2007

Kerala High Court
Radhamony vs Chellappan Pillai on 9 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18292 of 2006(C)


1. RADHAMONY, AGED 56 YEARS,
                      ...  Petitioner

                        Vs



1. CHELLAPPAN PILLAI, RESIDING AT
                       ...       Respondent

                For Petitioner  :SRI.R.SANTHOSH BABU

                For Respondent  :SRI.K.JAGADEESCHANDRAN NAIR

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice A.K.BASHEER

 Dated :09/01/2007

 O R D E R
                 KURIAN JOSEPH & A.K.BASHEER,JJ.

                       -----------------------------------------

                             W.P(C)No.18292  of  2006

                       -----------------------------------------

                  Dated this the 9th  day of  January, 2007


                                    JUDGMENT

Kurian Joseph,J.

The writ petition is filed with the following prayers:-

(i) to set aside Ext.P4 order dated 5-7-06 in

I.A.No.1005/06 in O.S.288/04 on the file of the

Munsiff’s Court, Changanacherry.

(ii) to issue a direction to the Munsiff’s Court,

Changanacherry to consider and pass orders on

I.A.No.1099/06 in O.S.No.288/04 for jointly trying

the above suit, with O.S.No.215/05, after considering

the relevancy of the decision in Ext.P1(b) Mat.Appeal

70/05 pending before this Honourable Court.

O.S.No.288/2004 is filed by the father-in-law of the petitioner and

O.S.No.215/2005 is filed by the sister-in-law of the petitioner. Both

claimed right over the property of the late husband of the petitioner.

According to the petitioner she is the legal heir entitled to the estate of

the late husband. Since the issue raised in both the original suits are

one and the same and since it is submitted that the petitioner herein has

filed joint trial applications in both the suits, there will be a direction to

the Munsiff Court, Changanacherry to consider the applications for

W.P(C)NO.18292/2006

-:2:-

joint trial filed by the petitioner herein in O.S.No.288/2004 and

O.S.No.215/2005 and pass appropriate orders thereon in accordance

with law expeditiously.

The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

(A.K.BASHEER, JUDGE)

ahg.