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