High Court Kerala High Court

P.K.Varkey vs Gopalakrishnan on 15 November, 2006

Kerala High Court
P.K.Varkey vs Gopalakrishnan on 15 November, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29355 of 2006(T)


1. P.K.VARKEY, AGED 63 YEARS,
                      ...  Petitioner

                        Vs



1. GOPALAKRISHNAN, S/O. VELAPPAN NAIR,
                       ...       Respondent

2. ANIL, S/O. GOPALAKRISHNAN,

3. ST. THOMAS EDUCATIONAL AND

4. SREELEKHA, D/O. KUNJIAMMA,

                For Petitioner  :SRI.RAJESH VIJAYAN

                For Respondent  :SRI.P.K.BALAKRISHNAN NAIR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :15/11/2006

 O R D E R
                                 M.SASIDHARAN NAMBIAR, J.

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

                                   W.P.C.NO.29355 OF 2006 (T)

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

                       Dated this the  15 th  day of November, 2006.


                                                JUDGMENT

Petitioner is the first defendant in O.S.13/03 filed by first respondent and first

plaintiff in O.S.105/05. Second plaintiff is not a party to this petition. Petitioner and

second plaintiff in O.S.105/05 filed I.A.2034/06, in O.S.13/03 for joint trial of

O.S.13/03 and O.S.105/05, contending that the subject matter is same in both suits

and so both suits are to be tried jointly. Under Ext.P4 order, learned Munsiff

dismissed the application holding that O.S.13/03 is included in the special list and

service is yet to be completed in O.S.105/05. Learned counsel appearing for

petitioner and respondent 1 and 3 submitted that service in O.S.105/05 is now over.

Learned counsel appearing for first respondent submitted that there is no objection

for a joint trial. O.S.13/03 was filed for a decree for permanent prohibitory

injunction. O.S.105/05 was filed seeking a decree for declaration of right over a

water canal passing through the property comprised in O.S.105/05. In such

circumstance, it is in the interest of justice to try both suits together. Ext.P4 order

is quashed. Learned Munsiff is directed to try both suits together. As it is

represented that evidence in O.S.13/03 is started, it be treated as main case.

Writ petition disposed accordingly.

M.SASIDHARAN NAMBIAR,

JUDGE.

bkn