IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 4083 of 2009(J) ------------------------- OS.150/2005 of MUNI-MAGI.COURT,PATTAMBI .................... PETITIONER(S): SANTHOSH, S/O.SARADA AMMA, RESIDING AT NO.E/6, PAZHANI GARDEN, KELAMBHAKKAM, VANDALOOR ROAD, KANCHIPURAM DISTRICT, TAMIL NADU - 603 103. BY ADV. SRI.SANTHEEP ANKARATH SMT.N.N.PRASEEDA RESPONDENT(S): 1. SARADA AMMA, D/O.ANIYATHU PARU AMMA, MARUTHUR AMSOM, KODALUR DESOM, OTTAPALAM TALUK. 2. PREMALATHA, D/O.SARADA AMMA, MARUTHUR AMSOM, KODALUR DESOM, OTTAPALAM TALUK. 3. SATHYABHAMA, D/O.SARADA AMMA, MARUTHUR AMSOM, KODALUR DESOM, OTTAPALAM TALUK. 4. REMA, D/O.SARADA AMMA, MARUTHUR AMSOM, KODALUR DESOM, OTTAPALAM TALUK. 5. SARADAMMA, D/O.NADUKKATHODIYIL MADHAVI AMMA, MARUTHUR AMSOM, KODALUR DESOM, OTTAPALAM TALUK. ADV. SRI.R.PARTHASARATHY FOR R1-4 SRI.V.CHITAMBARESH, SENIOR ADVOCATE FOR R1 SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.P.S.APPU FOR R1 SRI.A.R.NIMOD FOR R1 SRI.C.A.ANOOP FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4083 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE PLAINT IN O.S NO.150 OF 2005 DATED 19.9.2005 FILED BY THE PETITIONER HEREIN BEFORE THE MUNSIFF-MAGISTRATE'S COURT, PATTAMBI. EXT.P2: TRUE COPY OF PLAINT IN O.S 101 OF 2002 DATED 5.8.2002 FILED BEFORE THE MUNSIFF-MAGISTRATE COURT, PATTAMBI. EXT.P3: TRUE COPY OF I.A NO.47/2009 IN O.S NO.150/2005 FILED BY THE PETITIONER HEREIN BEFORE THE MUNSIFF-MAGISTRATE'S COURT, PATTAMBI. EXT.P4: TRUE COPY OF COUNTER DATED 13.1.2009 FILED BY THE 5TH RESPONDENT HEREIN IN I.A NO.47/2009 IN O.S NO.150/2005 ON THE FILE OF THE MUNSIFF-MAGISTRATE'S COURT, PATTAMBI. EXT.P5: TRUE COPY OF ORDER DATED 28.1.2009 IN I.A NO.47/2009 IN O.S NO.150/2005 PASSED BY MUNSIFF-MAGISTRATE'S COURT, PATTAMBI. /TRUE COPY/ P.A TO JUDGE P.BHAVADASAN, J. ------------------------- W.P (C) No.4083 of 2009 -------------------------- Dated this the 23rd February, 2010 J U D G M E N T In this petition filed under Article 227 of the Constitution of India, the petitioner seeks for a direction to call for the records leading to Ext.P5 order passed by the Munsiff Court, Pattambi. 2. The petitioner is the plaintiff in the suit. Plaintiff instituted O.S No.150 of 2005, which was one for declaration that Document No.831 of 1982 of Pattambi S.R.O is null and void and seeking partition. Thereafter, he filed I.A No.47 of 2009 seeking a stay of the trial pending disposal of the Second Appeal pending before this Court under Section 10 of C.P.C. He claims that the matter involved in O.S No.150 of 2005 is the same as to the one in R.S.A No. 19/2009 pending before the High Court. Second Appeal is pending before the High Court. According to him, decision in the R.S.A No.19/2009 will have considerable impact on the issue to be determined in O.S No.150/2005. Petition was dismissed. Hence the petition before this Court. W.P (C) No.4083 of 2009 2 3. At the time of hearing of this petition, it was pointed out by both counsel that the Second Appeal has been allowed and the matter has been remanded to the Sub Court, Pattambi for fresh consideration, in accordance with the observations made therein. 4. It is stated that it has become necessary for the petitioner to approach the court below for fresh consideration of the matter. Therefore, it is prayed that this petition may be disposed of reserving his right to agitate his contentions in future. The prayer appears to be just and reasonable. Since the petitioner will have to file a fresh petition before the trial court, he is given liberty to raise all the contentions in that petition. The Writ Petition is disposed of, as above. P.BHAVADASAN, JUDGE ma W.P (C) No.4083 of 2009 3 W.P (C) No.4083 of 2009 4