IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 FAO.No. 202 of 2009() --------------------- AS.44/2008 of SUB COURT, NEDUMANGAD .................... APPELLANT/1ST RESPONDENT/1ST DEFENDANT ---------------------------------------------------------- SHAMNATH A.RAHIM, AGED 40 YEARS, S/O. ABDUL RAHIM, DILSHAD MANZIL, KAZHAKKOOTTAM P.O., THIRUVANANTHAPURAM. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): APPELLANT & RESPONDENTS 2-3/PLAINTIFF & DEFENDANTS ----------------------------------------------------------------- 1. P.S.NIKHILA, SREE PADMAM, KOPPAM, VITHURA P.O., PRESENTLY RESIDING AT G-11, OVERSEAS BANK APARTMENT, 33/1, ASHTA LAKSHMI KOVIL STREET, BASANT NAGAR, CHENNAI. 2. MIRZA RAHIM @ SABU, S/O. ABDUL RAHIM, DILSHAD MANZIL, KAZHAKKOOTTAM P.O., THIRUVANANTHAPURAM. 3. O.M.KUNJU, S/O. UTHAMAN, AGED 65, BEENA NURSEY, MARKET JUNCTION, VITHURA, KOTTAKKAKOM MURI, VITHURA VILLAGE. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 19/11/2009, ALONG WITH FAO NO. 203 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = F.A.O. NOs. 202 and 203 OF 2009 = = = = = = = = = = = = = = = Dated this the 19th day of November, 2009. J U D G M E N T These appeals are preferred against the judgment and decree of the Subordinate Judge, Nedumangad in A.S.44/08 and A.S.42/08 respectively. A.S.42/08 was preferred against the judgment and decree in O.S.227/07 of the Munsiff Court, Nedumangad and the other appeal A.S.44/08 was preferred also against O.S.237/07. The learned Munsiff by his two separate findings held that the suit is barred u/s 47 of the Code of Civil Procedure. 2. In appeal the learned Subordinate Judge heard both the appeals together and had set aside the findings of the trial court and directed the trial court to dispose of the matter in accordance with law. It is also submitted before me that another suit O.S.210/07 is also pending before the Additional Munsiff Court, Nedumangad and the subject matter is the same. Since the matter is only pending before the additional Munsiff let that case be withdrawn from the F.A.Os. 202 & 203 OF 2009 -:2:- Court and a trial of these cases, i.e. O.S.Nos.210/07, 227/07 and 237/07 to be made by the Principal Munsiff, Nedumangad. Since the matter relates to a case that had arisen out of S.47 as well, expeditious disposal is called for and therefore the learned Munsiff is directed to dispose of the suits as expeditiously as possible at any rate within four months from today. 3. A copy of this order be communicated to the learned Munsiff for carrying out the directions as well. The FAOs are disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-