IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7015 of 2005(I)
1. IBRAHIM HAJI, SON OF LATE
... Petitioner
2. KUNHIMOHAMED, SON OF LATE
3. KHAKER, SON OF LATE CHIETTIYARTHODI
4. HAAMZA, SON OF LATE CHIETTIYARTHODI
Vs
1. PATHUMMA, W/O. KALLINGAL LATE AHAMMED
... Respondent
2. MOHAMMEDKUTTY, S/O. PALAKURISSI
3. ABOOBACKER ALIAS ABU, SON OF
4. ASSAINAR ALIAS ASAINU,
5. MOHAMMEDKUTTY, SON OF PALAKURUSSI
For Petitioner :SRI.R.RAJESH KORMATH
For Respondent :SRI.S.V.BALAKRISHNA IYER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :06/08/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 7015 OF 2005
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Dated this the 6th day of August, 2007
JUDGMENT
Ext.P11 order by which the learned Munsiff dismissed an
application for joint trial of Suit OS No.105/98 along with OS No.199/01,
a suit filed subsequently on a different cause of action is under
challenge. Heard both sides.
I do not think that there is warrant for interfering with Ext.P11
under the visitorial jurisdiction of this Court. Though the property
involved in the present suit is a part of the properties involved in the
latter suit OS No.199 of 2001, the causes of action are different and
there are more plaintiffs than the latter suit, OS No.199 of 2001. I
sustain the impugned order and dismiss the Writ Petition. However, I
direct the learned Munsiff to try OS No.199 of 2001 as soon as the
present suit is tried and disposed of. I also direct the learned Munsiff to
permit the petitioners to invoke the provisions of Order XIII Rule 10
during the trial of OS No.199 of 2001, so that the petitioners will be able
to take advantage of any material which comes on record in OS No.108
of 1995 in their favour in the latter suit. The above directions in my
opinion will suffice for ensuring that conflicting decisions are not given in
the two suits by the learned Munsiff.
PIUS C. KURIAKOSE, JUDGE
btt
WPC 2