IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 8083 of 2008(K) ------------------------------------ PETITIONER: ------------------ 1. PAREETH, AGED 47, S/O. MUHAMADALLI, KARIMAKATTU, PERINGALA P.O., PIN 683565, KUNNATHUNADU VILLAGE. 2. BEEVI, W/O. PAREETH AGED 41, KARIMKATTU, PERINGALA P.O., PIN 683 565, KUNNATHUNADU VILLAGE. BY ADV. SRI.K.R.MOHANAN RESPONDENTS: ---------------------- 1. HUSSAN, AGED 76, S/O. IBRAHIM, PARIYARTH, THEKKEPUTHANPURA, PERINGALA P.O., KUNNATHUNADU VILLAGE PIN 683 565. 2. PATHUMMA, AGED 78, D/O. IBRAHIM, PARIYARTH THEKKEPUTHANPURA, PERINGALA P.O., KUNNATHUNADU VILLAGE PIN 683 565. 3. KOCHUNNI, AGED 51, S/O. AHAMED, PARIYARTH THEKKEPUTHANPURA, PERINGALA , KUNNATHUNADU VILLAGE PIN 683 565. 4. ISMAIL, AGED 51, S/O. MUSTHAFA, PARIYARTH THEKKEPUTHANPURA PERINGALA, KUNNATHUNADU VILLAGE PIN 683 565. 5. MUHAMMED AGED 49, S/O. PAREETH PARIYARTH THEKKEPUTHANPURA, PERINGALA, KUNNATHUNADU VILLAGE, PIN 683 565. W.P.(C) NO.8083/2008 6. IBRAHIM, AGED 38, S/O. ASSAINAR, PARIYARTH THEKKEPUTHANPURA, PERINGALA, KUNNATHUNADU VILLAGE, PIN 683 565. 7. KUNJAMMA, W/O. ABDULKHADER, AGED 63, PARIYARTH THEKKEPUTHANPURA, PERINGALA, KUNNATHUNADU VILLAGE PIN 683 565. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 8083 OF 2008 = = = = = = = = = = = = = = = Dated this the 10th day of March, 2008. J U D G M E N T This writ petition is preferred with a prayer to set aside the order passed in I.A.802/08 in O.S.290/94. It is submitted that O.S.395/93 and this suit may be ordered to be jointly tried and O.S.395/93, unfortunately, is not pending now. But an application for restoration of the same is pending consideration before the very same Court. Meanwhile it is submitted the Court has taken O.S.290/94 for trial especially being an old suit. I think if both requires joint consideration it is desirable that the Court below considers and dispose of the restoration application pending in O.S.395/93 and thereafter proceed with the trial of O.S.290/94. If the trial has already commenced in O.S.290/94, the Court below may keep it pending and give preference to the restoration application and dispose it of and then proceed in accordance with law. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-