IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 20971 of 2008(V) -------------------------- AGAINST THE ORDER DATED 12/06/2008 IN IA 792/08 IN OS.174/2007 of MUNSIFF COURT, PALA .................... PETITIONER: ------------ MATHEW ANTONY, S/O. ANTONY, AGED 42 YEARS, MENAMTHUNDATHIL (H) KOZHUVANAL P.O., MEENACHIL TALUK, KOTTAYAM DT. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENTS: ------------- 1. M.A. JOHN, AGED 52 YEARS MENAMTHUNDATHIL, HOUSE, KOZHUVANAL P.O. KOTTAYAM DT. 2. ANTONY, MENAMTHUNDATHIL, HOUSE, KOZHUVANAL P.O. KOTTAYAM DT. 3. ANTONY MATHEW THONEKKARAPARAYIL HOUSE, KOZHUVANAL P.O., KOTTAYAM. 4. THOMAS MATHEW, THONEKKARAPARAYIL HOUSE, KOZHUVANAL P.O., KOTTAYAM . 5. FATHER JOSEPH MATHEW, THONEKKARAPARAYIL HOUSE, KOZHUVANAL P.O., KOTTAYAM . THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 20971 OF 2008 ............................................ DATED THIS THE 11th DAY OF JULY, 2008 JUDGMENT The 4th defendant in O.S.174 of 2007 on the file of Munsiff Court, Pala is the petitioner. Plaintiff is the respondent. Petitioner filed I.A.792 of 2008, an application under Section 10 of Code of Civil procedure, to stay the suit till disposal of O.S.159 of 2004. Under Ext.P6 order, learned Munsiff dismissed the application. It is challenged in this petition filed under Article 227 of Constitution of India. 2. Learned counsel appearing for petitioner was heard. O.S.174 of 2007 is filed by respondents seeking a decree for declaration of their right of way by easement of prescription to item No.4 of the plaint schedule property. O.S.159 of 2004 was filed by petitioner against one Prince. That suit was decreed and was challenged before Sub Court, Pala in A.S.77 of 2006. In the appeal, first defendant in O.S.174 of 2007 got himself impleaded as additional appellant. As per judgment dated 5.11.2007, learned Sub Judge set aside the decree granted by trial court and remanded the suit for fresh disposal. According to petitioner, the order of remand is now being challenged before WPC 20971/2008 2 this court in an FAO. O.S.174 of 2007, being a suit for declaration of right of easement by prescription claimed by respondents, who are not parties to O.S.159 of 2004, the finding in O.S.159 of 2004 will not affect the decision of O.S.174 of 2007. In such circumstances, there is no necessity to order stay as sought for by petitioner. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE lgk/-