IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 WP(C).No. 27229 of 2009(O) -------------------------- OS.238/2008 of PRL.MUNSIFF, KASARAGOD .................... PETITIONER(S): ------------------------- KARUNAKARA BHANDARY, S/O.LATE MALINGA BHANDARI, POOJA HOUSE, MAHANAGAR, MULINJA VILLAGE, UPPALA POST, KASARAGOD TALUK AND DISTRICT. BY ADV. MR.T.MADHU RESPONDENT(S): --------------------------- 1. KAMALA, AGED 66 YEARS, RESIDING AT MADAPADACHALU, MULINJA VILLAGE, UPPALA POST, KASARGOD TALUK AND DISTRICT. 2. KALYANI, AGED 48 YEARS, RESIDING AT MADAPADACHALU, MULINJA VILLAGE, UPPALA POST, KASARGOD TALUK AND DISTRICT. 3. NARAYANA, AGED 40 YEARS, RESIDING AT MADAPADACHALU, MULINJA VILLAGE, UPPALA POST, KASARGOD TALUK AND DISTRICT. 4. REVATHI, AGED 38 YEARS, RESIDING AT MADAPADACHALU, MULINJA VILLAGE, UPPALA POST, KASARGOD TALUK AND DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No. 27229 OF 2009 -------------------------- Dated this the 29th day of September 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Direct the learned Munsiff Court, Kasargod to keep in abeyance the trial and disposal of O.S No.238/2008 on its file till the disposal of the Ext.P5 complaint and the proceeding pursuant to the FIR in crime No.260/2009 of Manjeshwar police station so as to secure the ends of justice. ii) Such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. 2. Petitioner is the plaintiff in O.S No.238 of 2008 on the file of Munsiff Court, Kasargode. Suit is one for specific performance on W.P.(C).No.27229 OF 2009 Page numbers an oral agreement of sale and the respondents are the defendants. The case after being included in the special list for trial is now in the process of recording the evidence. At the instance of one of the defendants, the second defendant, a complaint had been launched against the petitioner/plaintiff and the witnesses cited by him and thereupon a crime case has been registered and it is now under investigation, is the grievance canvassed by the petitioner seeking adjournment of the trial canvassing a case that the witnesses in view of registration of the criminal case are not prepared to support him before the Civil Court. Ext.P5 is the copy of the complaint filed by the second defendant wherein allegations are raised that the accused, including the plaintiff with intend to defraud her a member of the Scheduled Caste community, had created a fraudulent sale deed to deprive of her immovable property. Complaint presented before the court was referred to police W.P.(C).No.27229 OF 2009 Page numbers for investigation under Section 156(3) of the Code of Criminal Procedure. Accordingly, a crime was registered and it is admittedly pending investigation. In view of that complaint, two of the witnesses cited by him in the suit who are among the accused persons in the complaint, when examined in the civil case had turned hostile, is the case of the petitioner for seeking ajdournment of the trial of the case. 3. After having heard the counsel at length and perusing the exhibits produced with the writ petition, and also appreciating the facts and circumstances presented, I find, the extraordinary jurisdiction of this court cannot be canvassed for the relief claimed. If the petitioner has a grievance that a fair trial would not possible in view of the circumstances stated, it is open to him to approach the trial court and seek appropriate orders/directions. I make it clear W.P.(C).No.27229 OF 2009 Page numbers that I am not expressing any opinion on the merits of the case canvassed by the petitioner, and, if any petition is moved for adjournment of the trial by the petitioner, it shall be disposed by the court on its merit. Reserving the right of the petitioner to do so, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv