Ramakrishnan vs Indira on 5 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7124 of 2004(W)


1. RAMAKRISHNAN, S/O.THAZHATHETHIL NAKAN,
                      ...  Petitioner

                        Vs



1. INDIRA, D/O.KAVIL PARAMBIL AYYAPPAN,
                       ...       Respondent

2. MADHUSOODHANAN, S/O.KANDARAMATH

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :05/07/2007

 O R D E R
              KURIAN JOSEPH & T.R.RAMACHANDRAN NAIR,JJ.

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

                        W.P(C)No.7124  of  2004

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

                        Dated this the 5th day of  July, 2007


                                         JUDGMENT

Kurian Joseph,J.

Petitioner is aggrieved by Ext.P4 order dated 7-8-2003 in

I.A.No.1268/2003 in O.S.No.255/2001. It is an application filed under

Section 10 of the CPC for staying all further proceedings in the suit till the

disposal of Mat. Appeal No.35 of 2003 pending before this court. The suit is

one for damages. In the nature of the pleadings in the suit and as referred

to in the writ petition we are of the view that it is only appropriate that the

suit is tried only after the disposal of Mat. Appeal No.35/2003 referred to

above since the crux of the issue is the family dispute between the petitioner

and the first respondent. Accordingly we set aside Ext.P4 order passed by the

Munsiff Court, Ottapalam in I.A.No.1268/2003 in O.S.No.255/2001 and the

application is allowed.

The writ petition is allowed as above.

(KURIAN JOSEPH, JUDGE)

(T.R.RAMACHANDRAN NAIR, JUDGE)

ahg.