IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 WP(C).No. 4696 of 2008(H) ------------------------- AGAINST THE ORDER IN IA NO.2299/06 IN O.S.131/04 AND I.A. 2340/06 IN OS.81/2004 of MUNSIFF COURT, PUNALUR .................... PETITIONER: ------------ S.K.MEERAN RAWTHER, PALAVILAYIL, EDATHARA THERUVU, PATHIRICKAL, PATHANAPURAM. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENTS: ------------- 1. SAINUDEEN, S/O.MOHAMMED HANEEFA RAWTHER, FATHIMA MANZIL, NIRATHUPARA, KALANJOOR, ADOOR. 2. THANKAMMA, W/O.MOHAMMED HANEEFA RAWTHER, FATHIMA MANZIL, NIRATHUPARA, KALANJOOR, ADOOR. 3. SHAMLA, MANAKKARAYIL VEEDU, KOTTAVATTOM P.O., VILAKUDY. 4. ANSARI, FATHIMA MANZIL, NIRATHUPARA, KALANJOOR, ADOOR. BY ADV. SRI.T.M.ABDUL LATHEEF FOR R1-4 SMTMIJI JOHN FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioner's Exhibits:- Ext.P1:- True copy of the plaint in O.S No.131/04 on the file of Munsiff Court, Punalur. Ext.P2:- True copy of the plaint in O.S.No.81/2004. Ext.P3:- True copy of the petition filed as I.A.No.2299/06 in O.S.No.131/2004. Ext.P4:- True copy of the order dated 19.12.2007 in I.A.No.2299/06 in O.S.No.131/2004. Ext.P5:- True copy of the order dated 19.12.2007 in I.A.2340/06 in O.S.No.81/2004. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.4696 OF 2008 =========================== Dated this the 21st day of May, 2008 JUDGMENT As per Ext.P5 order dated 19.12.2007 Munsiff, Punalur dismissed the petition filed by the plaintiffs in O.S.131/2004 who are the defendants in O.S.81/2004 for joint trial of the suits. The orders are challenged in this petition filed under Article 227 of the Constitution of India. 2. Learned counsel appearing for petitioner and respondents were heard. 3. It is admitted case that parties to both the suits are the same. So also the suit properties. Plaintiffs in one suit are the defendants in the other suit. In such circumstance, the court below should have tried both the suits together as sought for by the petitioner. Exts.P4 and P5 orders are quashed. Munsiff, Punalur is directed to try O.S.131/2004 and O.S.81/2004 jointly. W.P.(C)4696/2008 2 Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006