. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 28320 of 2008(U) -------------------------- PETITIONER(S): --------------- 1. EMTEX INTERNATINAL LTD. DIWANS ROAD, ERNAKULAM, KOCHI-16 HAVING FACTORY AT KARINGAZHA, KOTHAMANGALAM, REP. BY ITS HON. MANAGING DIRECTOR.DR.VARGHESE MUNDACKAL. 2. DR.VARGHESE MUNDACKAL, ADVOCATE, S/O.JOSEPH 65 YEARS, MUNDACKAL HOUSE KARINGAZHA KARA, THRIKARIYOOR, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.VARGHESE MUNDAKKAL(PARTY IN PERSON) RESPONDENT(S): --------------- 1. LOOKOSE NELLIKATIL, S/O.VARKEY, NELLIKATTIL HOUSE, KARINGAZHA KARA CHELAD PO., KOTHAMANGALAM. 2. VAVACHAN NELLIKATTIL S/O.LOOKOSE, NELLIKATTIL HOUSE, KARINGAZHA KARA CHELAD PO., KOTHAMANGALAM. 3. JOSE NELLIKATTIL, S/O.KOCHAPPAN ALIAS OUSEPH NELLIKATTIL HOUSE, KARINGAZHA KARA CHELAD PO KOTHAMANGALAM 4. MARY JOSE, W/O.JOSE NELLIKATTIL HOUSE KARINGAZHA KARA, CHELAD PO., KOTHAMANGALAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) NO. 28320 of 2008 * * * * * * * * * * * * * * * * * * Dated: 17-10-2008 JUDGMENT The writ petitioner appearing in person is the plaintiff in O.S. 24 of 1997 filed before the Munsiff's Court, Moovattupuzha. The said suit was for one for perpetual injunction in respect of three acres of land. With regard to the very same property , the defendants in the said suit had filed another suit O.S. 17 of 1997 seeking the very same relief. Both the suits were jointly tried and disposed of by the trial court as per a common judgment. The petitioner's suit was decreed and the defendants suit was dismissed. The said judgment and decrees were confirmed in appeal and Second Appeal. Thereafter, the petitioner has filed E.P. 85 of 2004 for executing the decree in O.S. 24 of 1997 alleging violation by the defendants. In the meanwhile, the petitioner also filed another suit as O.S. 14 of 2007 seeking a decree for perpetual injunction in respect of the same property. As per Ext.P2 petition filed as E.A. 150 of 2008 the petitioner sought joint trial of the execution petition in O.S. 24 of 1997 along with O.S. 14 of 2007. The said petition was dismissed as per Ext.P3 order dated 8-9-2008. It is the said order which is assailed in this Writ Petition. W.P.(C0 No. 28320 of 2008 -:2:- 3. According the petitioner, the second suit O.S. No. 14 of 2007 was filed due to certain misconception of law. He would say that in view of Sec. 47 Cr.P.C. his second suit will not lie. If so, his remedy was not to seek consolidation of the execution petition along with the second suit filed by him. His second suit could be got dismissed as withdrawn. If there was any counter claim in the 2nd suit filed by him he could have applied under Order VIII Rule 6 ( C) C.P.C and got the counter-claim excluded and driven the defendants to an independent suit. I do not find any illegality or irregularity in Ext. P3 order. This Writ Petition is accordingly dismissed. Dated this the 17th day of October 2008. V. RAMKUMAR, (JUDGE) ani.