IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 5020 of 2008(V) --------------------------------------- PETITIONER: --------------------- PAUL T.KURIAN, AGED 39 YEARS, S/O.KURIAKOSE, THURUTHUMMEL, NADAKODE, THRIKAKARA NORTH VILLAGE. BY ADV. SRI.A.MOHAMMED SAVAD RESPONDENTS: ------------------------ 1. SOSAMMA KURIAN, AGED 75 YEARS, W/O.SAMUEL, MANGALATH VEETIL, VELIYATHUNAD, KARUMALLOOR VILLAGE. 2. KURIAN SAMUEL, AGED 37 YEARS, S/O.SAMUEL, MANGALATH VEETIL, VELIYATHUNAD, KARUMALLOOR VILLAGE. 3. ABRAHAM SAMUEL, AGED 42 YEARS, S/O.SAMUEL, MANGALATH VEETIL, VELIYATHUNAD, KARUMALLOOR VILLAGE. 4. DAS SAMUEL, AGED 58 YEARS, S/O.SAMUEL, MANGALATH VEETIL, VELIYATHUNAD, KARUMALLOOR VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 5020 OF 2008 = = = = = = = = = = = = = = = Dated this the 12th day of February, 2008. J U D G M E N T This writ petition is preferred with a prayer to direct the Munsiff, Paravur to consider Exts.P3, P4 and P5 applications and dispose of the same before proceeding with the trial of the case. The suit is with respect to a way and its averred that it is public way and therefore the petitioner has filed an application I.A.290/06 on 3.2.2006 for permission to file a suit in a representative capacity under Order 1 Rule 8 of the CPC. Later he has also filed an application for the purpose of impleading the Government of Kerala and the concerned Irrigation Department since the alleged way is a Bund of the Canal. He has also moved an application for advancement of these petitions and disposal of the same. 2. The grievance of the writ petitioner is that without disposing those applications the learned Munsiff is trying to proceed with the trial of the case and the matter is listed on W.P.C 5020 OF 2008 -:2:- 13.2.2006 for trial. It is clear from the materials available that an application under Rule 1 Rule 8 was filed long back on 3.2.06 and it will have a far reaching consequence on the result of the case and therefore it was only just and proper for the Court to consider that applications before the trial is proceeded with. Similarly, it being a canal bund the plaintiff wanted the Government of Kerala and the Irrigation Department also to be impleaded as a party. It is also a matter which requires consideration. Therefore I direct the Court below to consider and dispose of I.A.Nos. 290/06, I.A.177/08 and I.A.179/08 in O.S.89/06 before proceeding with the trial of the case. Or in other words, the Court may defer the trial which is posted for tomorrow but consider the applications mentioned above and dispose of the same in accordance with law and thereafter list the case and dispose of the matter. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-