T.Asharaf Haji vs Akkali Prameela on 22 September, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 27963 of 2008(D)


1. T.ASHARAF HAJI, AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. AKKALI PRAMEELA, AGED 54,
                       ...       Respondent

                For Petitioner  :SRI.B.RAMACHANDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :22/09/2008

 O R D E R
                         V. RAMKUMAR, J.
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                        W.P.(c).No.27963 of 2008
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              Dated this the 22nd day of September, 2008

                               JUDGMENT

Petitioner, inter alia, seeks a direction to stay of all further

proceedings pursuant to Ext.P2 and P3 notices issued by the Advocate

Commissioner appointed in O.S.Nos.39 and 82 of 2007 pending before

the Munsiff’s Court, Hosdurg. Admittedly the petitioner is not a party

to O.S.No.39 of 2007. He is, however, the 2nd plaintiff in O.S.No.82 of

2007 which is a suit filed by him for injunction. In fact, he, as per

W.P.(c).No.5588 of 2008 had sought a stay of both suits on the ground

that the same can be disposed of only after disposal of two revisions

pending before this Court as C.R.P.Nos.1172 and 1173 of 1997. That

prayer was declined by this Court as per Ext.P1 judgment dated

25.07.08. What the petitioner wants is to stay all further proceedings

in the Commissioner’s application filed by him in his own suit.

Similarly, he wants to stay further proceedings pursuant to the

Commission applications filed in the other suit. He cannot have the

luxory of a stay in both the two suits. The proceedings in both the

suits will go on.

This writ petition is accordingly dismissed.

Dated this the 22nd day of September, 2008.

V. RAMKUMAR, JUDGE

sj