IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 39977 of 2003(H) -------------------------- PETITIONER(S): --------------- MORIS GOMAZ, TRIO COTTAGE, NEAR FIRE STATION, KOLLAM. BY ADV. SRI.M.BALAGOVINDAN SRI.P.M.JOSEPH SRI.PATHIRIPALLY S.KRISHNAKUMARI RESPONDENT(S): --------------- SARASWATHY AMMAL D/O. PONNAMMAL, MANAKKATTU THOPPIL PUTHENVEEDU, VAILOOR VILLAGE, MURUKUMPUZHA. ADV. SRI.M.SREEKUMAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS; EXT.P1: COPY OF THE ORDER IN CRP NO.477/90 OF THIS HON'BLE COURT REPORTED IN 91 (1) KLT 901). EXT.P2: COPY OF THE ORDER IN O.S. 79/91 OF THE MUNSIFF COURT, ATTINGAL. EXT.P3: COPY OF THE GIFT DEED. EXT.P4: COPY OF THE JUDGMENT IN O.P. 8491/94 OF THIS HON'BLE COURT. EXT.P5: COPY OF THE ORDER OF LAND TRIBUNAL. EXT.P6: COPY OF THE AFIDAVIT FILED BY THE 3RD RESPONDENT IN O.A. 148/94. EXT.P7: COPY OF THE PLAINT IN O.S. NO.47/95 IN LAND TRIBUANL. EXT.P8; COPY OF THE JUDGMENT IN W.A. NO.211/98 OF THIS HON'BLE COURT. EXT.P9; COPY OF THE JUDGMENT IN O.S. 47/95 OF THE MUNSIFF COURT ATTINGAL. EXT.P10; COPY OF THE O.S. NO.402/2003 OF THE MUNSIFF COURT ATTINGAL. EXT.P11 COPY OF THE COMMISSION REPORT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE, J. ------------------------ W.P.(C)No.39977 of 2003 ------------------------ Dated this the 27th day of January, 2010 JUDGMENT This writ petition under Article 227 is instituted by the defendant in Ext.P10 suit (O.P.No.412/1968) for quashing Ext.P10 on the reason that the same is an abuse of legal process. This court, on considering the writ petition for admission, became some what impressed by the grounds and ordered urgent notice and also stayed further proceedings in Ext.P10 suit. The above order was passed way back on 18/12/2003. Thereafter, for the past more than six years this writ petition could not be taken up and disposed of. I am of the view that the question whether Ext.P10 suit is an abuse of legal process is a matter which should be considered preliminarily by the learned Munsiff himself. I dispose of the writ petition directing the learned Munsiff at Attingal, who is presently in seizin of Ext.10 suit, to hear both sides on the contention raised by the petitioner herein that Ext.P10 is abuse of legal process and come to a conclusion as to whether, as alleged, Ext.P10 suit is abuse of legal process. The learned Munsiff shall permit the petitioner to produce all materials which may substantiate the contention of the petitioner that Ext.P10 suit is either abuse of legal process or is not maintainable in law due to any reason. After hearing both sides, the learned Munsiff shall enter findings specifically as to whether Ext.P10 is maintainable in law and also as to whether the same is an abuse of legal process. If the learned Munsiff comes to a conclusion that Ext.P10 is an abuse of legal process, the learned Munsiff will reject the suit imposing very heavy costs on the plaintiff in Ext.P10 suit. The learned Musniff is directed to comply with the above directions at the earliest and at any rate within two months of receiving a copy of this judgment. PIUS C.KURIAKOSE,JUDGE dpk