IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 28324 of 2008(V) --------------------------------------------- IA.2608/2008 IN IA.2814/2008 IN OS.611/08 OF MUNSIFF COURT, CHAVAKKAD ........... PETITIONER: NALAKATH MOIDEEN, AGED 71, S/O.KUNJAVA, VENKITANGU, P.O.KANNOTH, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.RAMACHANDRAN RESPONDENT: THITHUMMA, D/O.NALAKATH SAIDAHAMME, MAMMASRAYI ILLATHU, VENKITANGU, P.O. KANNOTH, CHAVAKKAD TALUK, THRISSUR DISTRICT. ADV. SRI.RAJIT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.28324 of 2008 V -------------------------- JUDGMENT It is submitted by counsel for the petitioner that in relation to the same pathway, which is the subject matter of the present suit O.S.No.611/08, petitioner has instituted another suit O.S.No. 644/08; that in both the suits, the parties are the petitioner and the respondent only; that commission reports were obtained in both the suits; that written statement is already filed in O.S.No.611/08 and that it would be advisable if both the suits are directed to be disposed of within a period of three months. 2. Counsel for the respondent submits that if a direction to dispose of the suit within three months is issued, the respondent also will be satisfied; that the respondent will also co-operate for disposal of both the suits at an early date; that the respondent will file written statement in O.S.No.644/08 positively within two weeks; that WPC 28324/08 2 parties also can do everything to render both the suits ripe within two or three weeks from today and that a direction be issued to the trial court to dispose of both the suits within three months. 3. Both sides submit that both the suits can be tried jointly. Thus, on agreement of both sides, within three months from the date of settlement of the issues, trial court shall dispose of both O.S. Nos.611/08 and 644/08. As to which should be the leading case, it is for the trial court to decide. With the above directions, I dispose of this writ petition directing the parties to maintain status quo as available on this day. 13th November, 2008 (K.P.Balachandran, Judge) tkv