IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 27675 of 2009(O) ----------------------------------------- (O.S.NO.68/04 OF SUB COURT, TIRUR) PETITIONER(S): ------------------------ KUNJHALANKUTTY, AGED 48 YEARS, S/O.VAIDYAKARAN KANJIRATHINKAL, AHMEDKUTTY, VALIYORA P.O., VENGARA, MALAPPURAM DISTRICT. BY ADVS. MR.V.E.ABDUL GAFOOR, MR.MOHAMMED SAVAD. RESPONDENT(S): --------------------------- MOHANDAS, S/O.PANAYANKANDI BHASKARAN, ARIYALLOOR P.O., THIROORANGADI, MALAPPURAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.27675 OF 2009 -------------------------- Dated this the 1st day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) A writ of mandamus, directing the Sub Court, Tirur to consider and dispose I.A No.141/2007 in O.S No.107/2007 before proceeding with E.P No.70/2009 in O.S No.68/2004 pending before the same court. ii) A writ of mandamus, directing the Sub Court, Tirur to consider Ext.P8 interlocutory application before proceeding further in E.P No.70/2009 in O.S No.68/2004. iii) Issue such other further direction as this Hon'ble Court deems fit and proper to grant in the facts and circumstances of the case. 2. Petitioner is the plaintiff in O.S No.107 of 2007 on the file of the Sub Court, Tirur. Suit is one for a declaration that a registered W.P.(C).No.27675 OF 2009 Page numbers deed allegedly executed by the petitioner is a sham document and it was given only as a security for a money transaction with the defendant. An application moved by the petitioner/plaintiff seeking an interim injunction against the defendant from enforcing any right under the deed which has been sought to be declared as null and void is still pending consideration. Meanwhile the defendant who obtained a decree of partition in a suit instituted by him earlier on the basis of the above deed proceed with steps for delivery of the property alloted in his favour through court. Petitioner has filed this writ petition for the aforementioned reliefs invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India to keep in abeyance the execution proceedings in the decree passed in favour of the respondent till disposal of the suit filed by him as O.S No.107/2007 pending before the Sub Court, Tirur. W.P.(C).No.27675 OF 2009 Page numbers 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondent is necessary and hence it is dispensed with. Petitioner has filed a suit for declaring a registered document as a sham document, nearly, six years after the deed was registered. Whatever be the merit of his case, in exercise of the extraordinary jurisdiction vested with this court, it may not be proper and appropriate to grant him any of the reliefs sought for in the writ petition. It is open to the petitioner to invite the attention of the learned Sub Judge to the application for interim injunction moved in the suit against the defendant and seek appropriate relief thereof. If any such request is made, the learned Sub Judge shall consider and dispose the interlocutory application filed in the above suit at an early date. Subject to the above directions, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE vdv