IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH MARCH 2009 / 22ND PHALGUNA 1930 WP(C).No. 34517 of 2008(H) OS.229/2003 OF PRINCIPAL MUNSIFF'S COURT, CHERTHALA PETITIONER: PLAINTIFF: --------------- M.R.MUKUNDAN, S/O.RAGHAVAN, AGED 58 MALIKATHARAYIL, KUTHIYATHODE VILLAGE, PADINJATTUMKARA MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. DR.V.N.SANKARJEE RESPONDENTS: --------------- 1. SARANGADHARAN, S/O.PONNUKUTTAN, AGED 39 YEARS, PATHAM NUMBER KALAM, THEKKEDESOM VILLAGE, CHITTOR TALUK, PALAKKAD DISTRICT. 2. VELUMANI, S/O.SIVARAMAN, AGED 35 YEARS, PANNIPERUNTHALA, THEKKEDESOM VILLAGE, CHITTOOR TALUK,, PALAKKAD DISTRICT. BY ADV. SRI.J.OM PRAKASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT O.S.NO.229 OF 2003 BEFORE THE MUNSIFF'S COURT, CHERTHALA, DATED 25.3.2003. EXT.P2 TRUE COPY OF THE PLAINT O.S.NO.338 OF 2003 BEFORE THE MUNSIFF'S COURT, CHITTUR, DATED 11.6.2003. EXT.P3 TRUE COPY OF THE PLAINT O.S.NO.359 OF 2003 BEFORE THE MUNSIFF'S COURT, CHITTUR DATED 19.6.2003. EXT.P4 TRUE COPY OF I.A.NO.2606/2008 IN O.S.NO.359/2003 BEFORE THE MUNSIFF'S COURT, CHITTUR DATED 19.11.2003. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 34517 OF 2008 H ------------------------------------------------------ Dated this the 13th March, 2009 JUDGMENT The petitioner filed O.S.No.229 of 2003, on the file of the Munsiff's Court, Cherthala, against the respondents for a declaration that certain documents are null and void. The second respondent instituted O.S.No.338 of 2003 against the petitioner, on the file of the Munsiff's Court, Chittur. The first respondent filed O.S.No.359 of 2003 against the petitioner before the Munsiff's Court, Chittur. These suits were filed, it is submitted, based on the documents which were sought to be set aside by the petitioner in the suit filed before the Munsiff's Court, Cherthala. 2. The petitioner filed an application under Section 10 of the Code of Civil Procedure to stay the suits pending before the Munsiff's Court, Chittur. That application was allowed and the two suits aforesaid were stayed. Subsequently, the suit filed by the petitioner before the Munsiff's Court, Cherthala was dismissed for default. Thereafter, on the application filed by the petitioner, that suit was restored to file. After the suit filed by the petitioner was restored to file, the suits filed by respondents 1 and 2 before the Munsiff's Court, Chittur were decreed on the assumption that the suit filed by the petitioner before the Munsiff's Court, Cherthala was W.P.(C) NO.34517 OF 2008 :: 2 :: not in existence and it was dismissed for default. Actually, by that time, the suit filed by the petitioner before the Munsiff's Court, Cherthala was restored to file. The Writ Petition is filed in these circumstances with a prayer to dispose of the suit pending before the Munsiff's Court, Cherthala expeditiously. 3. Now, it is submitted by the learned counsel for the petitioner as well as the respondents that realising the mistake, the decrees passed in the suits filed by respondents 1 and 2 before the Munsiff's Court, Chittur were set aside and that those suits are pending. The suit pending before the Munsiff's Court, Cherthala was restored and on such restoration, the order in the petition filed under Section 10 revived. Now the trial of the suit pending before the Munsiff's Court, Cherthala is almost over. What remains is the disposal of that suit. 4. In the Writ Petition, an order of stay of O.S.No.229 of 2003, Munsiff's Court, Cherthala was passed. In the changed circumstances, no further orders are necessary in the Writ Petition and the stay order is liable to be vacated. I do so. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Munsiff's Court, Cherthala to dispose of W.P.(C) NO.34517 OF 2008 :: 3 :: O.S.No.229 of 2003 expeditiously. After the disposal of the suit pending before the Munsiff's Court, Cherthala, the parties would be entitled to move the Munsiff's Court, Chittur for an early disposal of O.S.Nos.338 of 2003 and 359 of 2003. (K.T.SANKARAN) Judge ahz/