IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 5062 of 2011(G) ------------------------- PETITIONER: --------------- KILACHAPARAMBATH SHAREEFA, D/O. USMAN, AGED 54 YEARS, KILACHAPARAMBATH, KIDARANKUNNU, KURICHIYIL P.O., KODIYERI AMSOM, THALASSERY, KANNUR DISTRICT. BY ADV. MR.C.P.PEETHAMBARAN RESPONDENTS: --------------- 1. NEW MAHI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PERINGADI P.O., THALASSERY, KANNUR DISTRICT. 2. K.P.ABOOBACKER, MURIKKILAD P.O., VADAKARA VIA, CALICUT DISTRICT. ADV. SRI.R.SURENDRAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5062 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: NOTICE DATED 16.11.2010 ISSUED BY R1 TO THE PETITIOENR. EXT.P2: NOTICE ISSUED BY R1 TO THE BUILDING SUPERVISOR. EXT.P3: ORDER DATED 18.1.2011 ISSUED BY R1. EXT.P4: O.S.NO.12/2011 FILED BY THE PETITIONER BEFORE MUNSIFF COURT, THALASSERY. RESPONDENTS' EXHIBITS: NIL .... // TRUE COPY // P.A TO JUDGE. HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.5062 Of 2011 ---------------------- Dated this the 22nd day of July, 2011. J U D G M E N T The writ petition is field seeking to quash Ext.P3 order of the first respondent and for a direction directing the first respondent to keep in abeyance all further proceedings pursuant to Ext.P3 order till the final outcome of Ext.P4 suit. 2. The petitioner is the plaintiff in O.S.No.12/2011 on the file of the Munsiff Court, Thalassery. The respondent’s wife is the second defendant in the said suit. The suit is for partition seeking division of the plaint schedule property into 20 equal shares and for allotment of 15 shares to the plaintiff and 5/20 shares together to defendants 1 to 5 jointly. Since the decision in the suit has material bearing on the issue raised by the petitioner, in the interest of justice, it is necessary to direct the first respondent to keep in abeyance all further proceedings pursuant to Ext.P3 order till the final outcome of Ext.P4 suit. ::2:: W.P.(C).No.5062 Of 2011 3. In these circumstances, Ext.P3 order is set aside and a direction is issued to the first respondent Panchayath to keep in abeyance all further proceedings pursuant to Ext.P3 order till the final disposal of Ext.P4 suit. At the instance of the aggrieved party/parties, the Panchayath shall re-consider the issue after disposal of Ext.P4 suit. The writ petition is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-