IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 18267 of 2009(O) --------------------------------------- OS.NO.380/2008 OF PRINCIPAL MUNSIFF'S COURT, ERNAKULAM. .................... PETITIONER: ------------------- K.THANKAPPAN NAIR,AGED 70 YEARS, S/O.PARAMESWARAN NAIR,PENSIONER,C.C.NO.66/1542, THURUTHIPARAMBU HOUSE,POWER HOUSE ROAD,KOCHI 18. BY ADVS. MR.SHIBU JOSEPH, MR.G.JAYASANKAR. RESPONDENT: ---------------------- V.B.SEEMA,W/O.RAJESH PHALGUNAN,42/1205, VETTATH,MATHAI MANJOORAN ROAD,COCHIN-18,NOW RESIDING AT BUILDING NO.4234,FLAT NO.1,GHOUBRAN,MUSCAT, SULTANATE OF OMAN,REPRESENTED THROUGH HER BROTHER AND PWER OF ATTORNEY HOLDER V.B.HARINARAYANAN,S/O.BRELVI,AGED 32, ADVOCATE,VETTATH HOUSE,MANJOORAN ROAD,ERNAKULAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.18267 of 2009 - O --------------------------------- Dated this the 30th day of June, 2009 J U D G M E N T Petitioner is the defendant in O.S.No.380/2008 on the file of the Principal Munsiff Court, Ernakulam. Suit is one for injunction, both prohibitory and mandatory. In the suit, petitioner/defendant raised a claim of kudikidappu and contended that an application filed by him for purchase of kudikidappu is pending before the Land Tribunal. Advancing such a case he moved an application under Section 10 for stay of the suit till a decision is taken by the Land Tribunal. Learned Munsiff dismissed that application. Ext.P5 is the copy of that order. Impeaching the correctness and propriety of Ext.P5 order, petitioner has filed this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the counsel for the petitioner. 3. Having regard to the submissions made and taking note of the facts and circumstances presented with reference to W.P.(C).No.18267 of 2009 - O 2 Ext.P5 order passed by the learned Munsiff, I find no illegality or impropriety in that order warranting interference by this Court in exercise of its visitorial jurisdiction under Article 227 of the Constitution of India. In the suit, taking note of the contentions raised by the petitioner/defendant an issue was raised whether a claim of kudikidappu arise for consideration. The learned Munsiff after examining the merit of the claim found that the claim of kudikidappu raised by the petitioner/defendant is not bonafide and does not arise for consideration. The order passed by the learned Munsiff remains unchallenged. When that be the case, any application moved by the petitioner/defendant before the Land Tribunal, before or after such an order passed by the learned Munsiff that the issue does not arise for consideration is not sufficient to stay the trial of the suit under Section 10 CPC. The writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-