IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22690 of 2008(A)
1. VIJAYAN, S/O.RAGHAVAN, AGED 75,
... Petitioner
Vs
1. CHANDRAMATHY, VELIVILAKATHU VEEDU,
... Respondent
For Petitioner :SRI.G.S.REGHUNATH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/08/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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WP(C).No. 22690 OF 2008
............................................
DATED THIS THE 6th DAY OF AUGUST, 2008
JUDGMENT
Petitioner is the defendant in O.S.911 of 2007 on the file of
Munsiff Court, Thiruvananthapuram. Respondent is the plaintiff. Case
of the petitioner is that the suit is barred by the provisions of Rule 2 of
Order II and under Section 11 of of Code of Civil Procedure.
Petitioner filed Ext.P5 petition to frame an additional issue whether
the suit is barred by res judicata by reason of the judgment in
O.S.2847 of 1992 and RSA 488 of 2005. Ext.P6 application to hear
the said additional issue was also filed. This petition is filed
contending that learned Munsiff is not disposing the said applications.
Exts.P5 and P6 show that both the applications were filed on
9.7.2008. The prayer in Ext.P6 application is to hear the additional
issue which is to be raised in Ext.P5. In such circumstances, there
cannot be a direction to dispose Ext.P6 application as sought for. That
question depends on the order to be passed in Ext.P5 application.
Learned Munsiff is directed to dispose Ext.P5 application, as
expeditiously as possible, at any rate, within thirty days from the date
of receipt of a copy of this judgment.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-