IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH FEBRUARY 2011 / 6TH PHALGUNA 1932 OP(C).No. 820 of 2011(O) AGAINST THE ORDER IN IA.8/2011 IN OS.179/2004 OF THE PRINCIPAL MUNSIFF'S COURT, , KOCHI PETITIONER/IST RESPONDENT/IST PLAINTIFF ----------------------------------------------------------- XAVIER,S/O.LATE JOSEPH,RESIDING AT KATTIPARAMBIL HOUSE,C.C.17/1623, RAMESWARAM VILLAGE KOCHI TALUK. BY ADV. SRI.R.SUDHISH SMT.M.MANJU SRI.K.R.RANJITH RESPONDENTS: PETITIONER & RESPONDENTS 2 TO 4/DEFENDANTS 1 TO 4 ---------------------------------------------------------------- 1. V.J.JACOB,AGED 33 YEARS,S/O.JOSEPH, VALIYAPARAMBIL HOUSE,KAZHUTHUMUTTU, THOPPUMPADY, KOCHI-682005. 2. GRACY JOSEPH,W/O.JOSEY,RESIDING AT KATTIPARAMBIL HOUSE,C.C.17/1622, RAMESWARAM VILLAGE KOCHI TALUK,KOCHI-682005. 3. ANU.K.JOSEPH,S/O.LATE JOSEY,RESIDING AT KATTIPARAMBIL HOUSE,C.C.17/1622, RAMESWARAM VILLAGE KOCHI TALUK,KOCHI-682005. 4. BINU.K.JOSEY,S/O.LATE JOSEY,RESIDING AT KATTIPARAMBIL HOUSE,C.C.17/1622, RAMESWARAM VILLAGE KOCHI TALUK,KOCHI-682005. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 820 OF 2011 O ------------------------------------------------------ Dated this the 25th day of February, 2011 JUDGMENT By Ext.P14 order in I.A.No.8 of 2011 in O.S.No.179 of 2004, the Munsiff's Court, Kochi allowed the application filed by the first respondent for joint trial and ordered joint trial of O.S.No.179 of 2004 and O.S.No.500 of 2009. Ext.P14 order is under challenge in this Original Petition. 2. O.S.No.179 of 2004 was filed by Xavier and Mathew against V.J.Jacob (first respondent) to set aside the sale deed in favour of the defendant. The contention of the plaintiffs is that the defendant impersonated himself as the second plaintiff and executed the sale deed in his favour. O.S.No.500 of 2009 is filed by V.J.Jacob for fixation of the boundary of the property. The property involved in O.S.No.500 of 2009 is the same property as is involved in O.S.No.179 of 2004. 3. V.J.Jacob filed I.A.No.8 of 2011 praying for trying O.P.(C) NO.820 OF 2011 :: 2 :: O.S.Nos.179 of 2004, 500 of 2009 and 510 of 2009 together. The court below did not grant the prayer for joint trial of O.S.No.510 of 2009 along with the other suits, but allowed the prayer for joint trial of O.S.Nos.179 of 2004 and 500 of 2009. 4. The dispute in the two suits is in respect of 10.3 cents in Sy.No.260/3 of Rameswaram Village. The court below held that to avoid conflicting decisions, joint trial of both the suits would be ideal. No prejudice would be caused to any of the parties if joint trial is made. On the other hand, if separate trials take place, it may lead to conflicting decisions. It may also cause inconvenience to both the parties. The court below considered all the relevant aspects and held that joint trial is necessary. I do not find any ground to interfere with the order impugned, under Article 227 of the Constitution of India. The Original Petition is, accordingly, dismissed. (K.T.SANKARAN) Judge ahz/