Suja Mathew vs Baby on 7 February, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP(C).No. 537 of 2011(O)


1. SUJA MATHEW, W/O.MATHEW,
                      ...  Petitioner

                        Vs



1. BABY, S/O.KURIAKOSE, MARAMKANDATHIL
                       ...       Respondent

2. ANOOP,S/O.SASI, NADAKKANAL HOUSE,

3. MURUGAN, S/O.PADMANABHAN,

4. LUKOSE, S/O.AUGUSTINE,

5. SABU, S/O.AUGUSTINE, RESIDING  DO.

                For Petitioner  :SRI.UNNIKRISHNAN.V.ALAPATT

                For Respondent  : No Appearance

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :07/02/2011

 O R D E R
                      HARUN-UL-RASHID, J.
                       ------------------------
                     O.P.(C).No.537 Of 2011
                        ----------------------
             Dated this the 7th day of February, 2011.

                          J U D G M E N T

The prayer in the original petition is to quash Ext.P5 & P6

orders. Ext.P5 is the order passed by the learned Munsiff

dismissing the petition for removing the case from the list. The

very same petitioner filed I.A.No.139 of 2011 for impleading a

third person as additional 6th defendant. Learned Munsiff held

that impleadment of prior owner of the property as additional 6th

defendant is not necessary. Since the suit is filed for injunction

simplicitor the court also observed that impleadment of a third

party as additional 6th defendant is not necessary also for the

reason that the petitioner is not seeking any relief against the

proposed defendant. In such circumstances Ext.P6 order passed

by the court repelling the contentions of the petitioner is justified.

2. Learned counsel for the petitioner submits that the

connected suit is pending before the same court. Ext.P3 is the

plaint. Learned counsel for the petitioner also submits that both

cases have to be tried jointly in the interest of justice and that if

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O.P.(C).No.537 Of 2011

joint trial is not conducted that may result in conflicting decisions.

The petitioner is at liberty to move the trial court for appropriate

orders. In that event, the trial court shall consider the petition

for joint trial on merits and shall dispose of the same in

accordance with law. The trial of O.S.No.135 of 2007 shall be

kept in abeyance for a period of six weeks.

The writ petition is disposed of as above.

HARUN-UL-RASHID,
Judge.

bkn/-