IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 11025 of 2010(O)
1. SARFUDHEEN, S/O.HANEEFA RAWTHER,
... Petitioner
Vs
1. K.MURALEEDHARAN, S/O.KRISHNANKUTTY,
... Respondent
2. SIVADASAN, S/O.KRISHNAN NAIR,
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :31/03/2010
O R D E R
P.BHAVADASAN, J.
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WP(C) No.11025 of 2010-O
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Dated 31st March 2010
Judgment
In this Writ Petition filed under Article 227 of the
Constitution of India, the following relief is sought for :
“a) Issue a writ commanding the District Court, Palakkad to
defer the hearing of the appeal in AS No.23/09 till the
disposal of OS No.97/10 on the file of the Munsiff’s Court,
Chittur.”
2. The petitioner is the plaintiff in OS No.97/10 on
the file of the Munsiff’s Court, Chittur. The suit was one for
mandatory injunction and other reliefs. A copy of the plaint is
produced as Ext.P1. It is stated that the fourth respondent in
the suit by employing the first respondent herein had preferred
OS No.98/06 before the Sub Court, Palakkad for realising a
sum of Rs.1,00,000/- from the petitioner. The case of the first
respondent herein was that on 25.12.2004, an amount of
Rs.1,00,000/- was borrowed by the petitioner and a promissory
note was jointly executed with an undertaking that the amount
will be repaid with 12% interest. Since the amount was not
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repaid, the suit was laid. The court below decreed the suit
directing the petitioner herein to pay an amount of
Rs,1,14,235/- to the first respondent. The aggrieved petitioner
preferred an appeal as AS No.23/09 before the District Court,
Palakkad. The petitioner submits that if he succeeds in Ext.P1
suit filed by him and a mandatory injunction is ordered, it will be
a clinching evidence to establish that the promissory note relied
on by the first respondent was a forged one. Therefore, the
petitioner prays for the above relief.
3. The petitioner has not pointed out any statutory
provision which enables this Court to stay the proceedings in
the appeal. The petitioner may approach the Appellate Court
for the said relief. Reserving his liberty to move the appellate
Court, this Writ Petition is disposed of.
P.BHAVADASAN, JUDGE
sta
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