IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 OP(C).No. 721 of 2010(O) ----------------------------------- [OS.NO.382/2008 OF MUNSIFF'S COURT, PERUMBAVOOR] .................... PETITIONER: ------------------- ELDHO, S/O. VARGHESE, AGED 47, MUTTAVANCHERRIL HOUSE, KARUKULAM KARA, KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, P.O.VILANGU. BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR). RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM, KOCHI-30. 2. ASSISTANT EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, PERUMBAVOOR-683 542. 3. BABY.T.POULOSE, THURUTHUMMEL HOUSE, KARUKULAM KARA,KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TLAUK, P.O.VILANGU-683 562. *ADDITIONAL R4.IMPLEADED: 4. KIZHAKKAMBALAM GRAMA PANCHAYAT, REP. BY ITS SECRETARY, KIZHAKKAMBALAM.P.O., PIN - 683 562. *ADDITIONAL R4. IMPLEADED AS PER ORDER DATED 18/10/2011 IN I.A. NO.17352/2010. R1 & R2 BY GOVT. PLEADER, R3 BY ADV. SRI.C.Y.VINOD KUMAR, ADDL. R4 BY ADVS. SRI.C.ANILKUMAR (KALLESSERIL), SRI.N.K.POULOSEKUTTY. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.721/2010-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE PLAINT IN O.S. 61/2010 DTD. 05/03/2010 OF MUNSIFF'S COURT, PERUMBAVOOR. EXT.P.2: COPY OF THE PLAINT IN O.S. 382/08 DTD. 21/11/08 OF MUNSIFF'S COURT, PERUMBAVOOR. EXT.P.3: COPY OF THE I.A. 1265/2010 IN O.S. 382/08 OF MUNSIFF'S COURT, PERUMBAVOOR DTD. 18/07/2010. EXT.P.4: COPY OF THE ORDER IN I.A. 1265/2010 IN O.S. 382/08 OF MUNSIFF'S COURT, DTD. 07/08/2010. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.721 of 2010 -------------------------------------- Dated this the 18th day of October, 2011. JUDGMENT The request for joint trial of two suits was disallowed by the learned Munsiff, Perumbavoor as per order dated 07.08.2010 on I.A.No.1265 of 2010 in O.S.No.382 of 2008. Ext.P4, order to that effect is under challenge. 2. Petitioner filed O.S.No.382 of 2008 against the Government and certain private parties concerning 19.08 Ares in various resurvey numbers mentioned in Ext.P2, plaint. Petitioner prayed for a decree of permanent prohibitory injunction restraining the respondents from trespassing into the suit property and cutting open a canal, etc. Petitioner filed O.S.No.61 of 2010 against the Panchayat for declaration of title and for prohibitory injunction against Panchayat trespassing into the suit property and cutting open the canal. In that suit, property scheduled is 18.42 Ares and excess land in the resurvey numbers referred to therein. Petitioner wanted the two suits to be tried jointly. But the request was negatived by Ext.P4, order. 3. It is contended that reliefs prayed for in the two suits are identical except that in O.S.No.61 of 2010 a declaration of title is also prayed for and that the property involved is also the same. It is contended that the local Panchayat against which O.S.No.61 of 2010 was filed could not be impleaded as a party in O.S.No.382 of 2008 since at the time O.S.No.382 of 2008 was filed, petitioner OP(C)No.721/2010 2 could not implead the local Panchayat as a party as notice contemplated under Section 249 of the Kerala Panchayat Raj Act was required to be issued to the Panchayat. After issuing such notice and on the expiry of its period petitioner filed O.S.No.61 of 2010. 4. I have heard learned counsel for respondents also. 5. Having regard to the nature of contentions raised I am inclined to think that it is necessary to avoid conflicting findings that the suits are jointly tried. Learned Munsiff has rejected the request for joint trial on grounds which are not valid. Resultantly this Original Petition is allowed. Ext.P4, order is set aside. I.A.No.1265 of 2010 in O.S.No.382 of 2008 of the court of learned Munsiff, Perumbavoor is allowed. It is directed that the said suit shall be tried jointly with O.S.No.61 of 2010. Learned Munsiff shall decide in which suit evidence is to be recorded. I.A.No.15061 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks