IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 31787 of 2009(O) -------------------------- OPTP.195/2009 of D.C & SESSIONS COURT,TRIVANDRUM OS.902/2007 of I ADDL.SUB COURT,TRIVANDRUM OS.410/2008 OF I ADDL.SUB COURT, TRIVANDRUM .................... PETITIONER(S): --------------- 1. BINDHU JOSEPH, W/O.JOSEPH, RESIDING AT CHETTUPUZHA VEEDU, EYATTIL JUNCTION, HOSPITAL JUNCTION, KOCHI, NOW IN U.S.A. 2. BEENA THOMAS, W/O.THOMAS, RESIDING AT PATTARA PUTHEN VEEDU, MUHAMMA, ALAPPUZHA, NOW IN U.S.A. BOTH PETITIONERS ARE REPRESETNED HEREIN BY THEIR P/A.HOLDER A.V.JOSE, S/O.ALUKKA VARGHESE, RESIDING AT ALUKKA HOUSE, ARISTO ROAD, THRISSUR. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. SUHARA BEEVI, D/O.LATE ABDUL REHUMAN KUNJU, RESIDING AT T.C.25/3355, CHIRAKKULAM ROAD, THIRUVANANTHAPURAM. 2. SALMA BEEVI, RESIDING AT THEKKEVILA VEEDU, NEAR MUSLIM HIGH SCHOOL, EDAVA.P.O, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 3. SAINABA BEEVI, RESIDING AT NAZAR MANZIL, EDAVA.P.O, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. WPC.31787/09 4. RUKHIYA BEEVI, RESIDING AT LILLIHA MANZIL, NEAR MUSLIM HIGH SCHOOL, EDAVA.P.O, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 5. MOHAMMED ABDUL KHADER, RESIDING AT KIZHAKKEVILA VEEDU, VENKULAM, EDAVA.P.O, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 6. MOHAMMED KASSIM, RESIDING AT THEKKEVILA VEEDU, NEAR MUSLIM HIGH SCHOOL, EDAVA.P.O, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 7. NIZAR AHAMMED, RESIDING AT THEKKEVILA VEEDU, NEAR MUSLIM HIGH SCHOOL, EDAVA.P.O, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 8. MOHAMMED FATHIMA, RESIDING AT THEKKEVILA VEEDU, NEAR MUSLIM HIGH SCHOOL, EDAVA.P.O, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 9. MAIMOONUMMAL, RESIDING AT SUNITHA BUILDING FROM VILAYIL VEEDU, EDAVA DESOM, EDAVA VILLAGE, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 10. MARIYAKUTTY, D/O.MAIMOONUMMAL, RESIDING AT SUNITHA BUILDING FROM VILAYIL VEEDU, EDAVA DESOM, EDAVA VILLAGE, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 11. AZEENA, W/O.NAZIMUDDIN, RESIDING AT AZEENA MANZIL, KURAKKANNI DESOM, VARKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 12. NEJIMUNNEESA, D/O.FATHIMA BEEVI, RESIDING AT AZEENA MANZIL, KURAKKANNI DESOM, VARKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 13. RULIYA BEEGUM, D/O.FATHIMA BEEVI, RESIDING AT AZEENA MANZIL, KURAKKANNI DESOM, VARKALA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 14. YOOSUF, S/O.ABDUL RAHMANKUNJU, RESIDING AT MANAPPURAM HOUSE, EDAVA VILLAGE, EDAVA, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. 15. MOHAMMED KASSIM, S/O.ABDUL RAHMANKUNJU, RESIDING AT AUMMOOTIL HOUSE, NEAR JUMA MASJID, EDAVA P.O, EDAVA VILLAGE, CHIRAYINKEEZH TALUK, THIRUVANANTHAPURAM DISTRICT. WPC.31787/09 16. HASSAN KHAN, RESIDING AT 45/823(12), BEEMAPALLY, THIRUVANANTHAPURAM. 17. BIJU, S/O.SUDHAKARAN, RESIDING AT MANACAUD VILAKATHU VEEDU, VAKKOM, CHIRAYINKEEZH, THIRUVANANTHAPURAM DISTRICT. 18. MOIDEEN, S/O.USMAN PILLAI, RESIDING AT T.C.45/267, BEEMAPALLY, THIRUVANANTHAPURAM. 19. S.M.KHAN, RESIDING AT T.C.4/902, PIPE LINE ROAD, KOWDIAR, THIRUVANANTHAPURAM. 20. NABEEZA KHAN, W/O.S.M.KHAN, RESIDING AT T.C.4/902, PIPE LINE ROAD, KOWDIAR, THIRUVANANTHAPURAM. ADV. SRI.M.R.ANANDAKUTTAN FOR R19-20 SMT.M.A.ZOHRA FOR R19-20 SRI.R.S.MADHU FOR R19-20 SRI.MAHESH ANANDAKUTTAN FOR R19-20 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.31787/09 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF O.P.(T.P.).NO.195/2009 ON THE FILE OF THE COURT OF THE DISTRICT JUDGE OF THIRUVANANTHAPURAM. EXT.P2: COPY OF I.A.NO.2451/2009 IN O.P.(T.P.)NO.195/2009 FILED FOR STAY ON THE FILE OF THE COURT OF THE DISTRICT JUDGE OF THIRUVANANTHAPURAM DATED 4.11.2009. EXT.P3: COPY OF I.A.NO.2450/2009 IN O.P.(T.P.).NO.195/2009 FILED TO ADVANCE THE HEARING OF THE PETITION FOR STAY ON THE FILE OF THE COURT OF THE DISTRICT JUDGE OF THIRUVANANTHAPURAM DATED 4.11.2009. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.31787 OF 2009 (O) ----------------------------------- Dated this the 11th day of November, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to issue a writ in the nature of mandamus directing the Court of the District Judge of Thiruvananthapuram to dispose of Exts.P1, P2 and P3 expeditiously on merit after affording to the petitioners an opportunity of being heard. ii. to issue a writ in the nature of mandamus directing the Court of the First Additional Munsiff of Thiruvananthapuram to adjourn the trial of O.S.Nos.903/2007 and 904/2007 till Exts.P1, P2 and P3 are considered and orders passed. iii. to issue a writ in the nature of mandamus directing the Court of the District Judge of Thiruvananthapuram to consolidate O.S.Nos.410/1998, 902/2007 and 904/2007 to facilitate joint trial in respect of the same subject matter. WPC.31787/09 2 2. Petitioners are the additional defendants 10 and 11 in O.S.No.410 of 1998 on the file of the Sub Court, Thiruvananthapuram. The above suit is stated to be one for declaration of title and recovery of possession. Two other suits O.S.Nos.902 of 2007 and 904 of 2007, which are stated to be having a common nexus with the disputes involved in the suit, it is submitted, are pending before the Munsiff Court, Thiruvananthapuram. Petitioners have moved an application for transfer of the two suits pending on the file of the Munsiff Court, Thiruvananthapuram to the District Court, Thiruvananthapuram, filing a transfer petition as O.P.(T.P.). No.195 of 2009, and that is pending consideration. Meanwhile, the two suits on the file of the Munsiff Court, it is submitted, have been included in the special list for trial. The relief canvassed in the writ petition is for an expeditious hearing and disposal of the transfer petition and for keeping in abeyance further proceedings from the two suits pending on the file of the Munsiff Court, Thiruvananthapuram. 3. Notice was ordered by Special Messenger to the respondents. Except respondents 19 and 20, others remain WPC.31787/09 3 absent. I heard the counsel for the petitioners and also the learned counsel for the respondents 19 and 20. Having regard to the submissions made, I find an early hearing and disposal of O.P.(T.P.)No.195 of 2009 as canvassed by the petitioners is essential to advance the ends of justice. I direct the learned District Judge to hear and dispose of O.P.(T.P.). No.195 of 2009 as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt/production of a copy of this judgment. In case, service on the O.P. has not been completed, service shall be effected by giving notice to the counsel appearing for the respondents in the respective suits in the court below. There will be a further direction to proceed with the trial of the two suits O.S.Nos.902 of 2007 and 904 of 2007 only after disposal of the transfer petition and subject to the orders by the District Court in that petition. Writ petition is accordingly disposed. S.S.SATHEESACHANDRAN JUDGE prp