IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 OP(C).NO. 426 OF 2010(O) ------------------------------------ (O.S. NOS.768 AND 888 OF 2005, SUB COURT, THRISSUR) PETITIONERS: --------------------- 1. V.C.SARASWATHI AMMA,W/O.U.SUDHAKARA PANICKER,AGED 72,SUKHADA,TEMPLE ROAD, POOTHOLE,THRISSUR-4. 2. V.C.SURESH MENON,S/O.U.SUDHAKARA PANICKER,AGED 49, SUKHADA,TEMPLE ROAD,POOTHOLE,THRISSUR-4. 3. V.C.SUPRIYA,D/O.U.SUDHAKARA PANICKER, AGED 39,SUKHADA,TEMPLE ROAD,POOTHOLE,THRISSUR-4. BY ADV. SRI.K.C.CHARLES RESPONDENT(S): ------------------------- 1. V.C.JANARDHANA MENON,S/O.MADHAVUKKUTTY AMMA,AGED 69,VISHNUPRIYA,PULLAZHI PO,THRISSUR. 2. V.C.SASIDHARA MENON,S/O.MADHAVUKKUTTY AMMA,AGED 64,R/AT.4/428,SURATH COLLEGE , NEAR PATHANGALY AYURVEDIC NURSING HOME, THRIKKANARPURAM PO, KUTTIPPURAM,MALAPPURAM DISTRICT. 3. V.C.NARAYANANKUTTY MENON, S/O.MADHAVIKKUTTY AMMA,AGED 61 R/AT THARAKAS, ANNAKKARA PO, (VIA) PUVATHUR. 4. V.C.MUKUNDA MENON,S/O.MADHAVIKKUTTY AMMA AGED 59,R/AT MADHAVI SADANAM,ANDATHODE PO, (VIA) CHAWGHAT. 5. K.VIJAYALAKSHMI,W/O.LATE BHASKARA MENON,AGED 64,KONGOTTIL HOUSE,KANNOTH PO, VENKITANGU. 6. K.RETHY,D/O.LATE BHASKARA MENON,AGED 46, KONGOTTIL HOUSE,KANNOTH PO, VENKITANGU. 7. K.BALAGOPALAN,S/O.LATE BHASKARA MENON, AGED 35,KONGOTTIL HOUSE,KANNOTH PO,VENKITANGU. 8. V.C.SUNIL MENON,S/O.U.SUDHAKARA PANICKER,AGED 43,SUKHADA,TEMPLE ROAD, POOTHOLE, THRISSUR-4. 9. V.C.SUNITHA,D/O.U.SUDHAKARA PANICKER, AGED 35,SUKHADA TEMPLE ROAD,POOTHOLE,THRISSUR-04 10. V.C.ARAVINDAKSHA MENON,AGED 56,MANAGER, KAROOR VYSYA BANK,KOLLAM. 11. K.GEETHA,D/O.LATE BHASKARA MENON, AGED 45,KONGOTTIL HOUSE,KANNOTH PO,VENKITANGU. 12. K.DEEPA,D/O.LATE BHASKARA MENON,AGED 42 KONGOTTIL HOUSE,KANNOTH PO, VENKITANGU. 13. V.C.SUJITH MENON,S/O.U.SUDHAKARA PANICKER,AGED 42,SUKHADA,TEMPLE ROAD,POOTHOLE, THRISSUR-4. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.426 of 2010 ==================================== Dated this the 22nd day of October, 2010 J U D G M E N T Petitioners before me are the plaintiffs in O.S.No.768 of 2005 and defendant Nos.2, 3 and 6 in O.S. No.888 of 2005 of the court of leaned Sub Judge, Thrissur. According to the petitioners O.S. No.888 of 2005 is a suit for partition of Tharwad properties. O.S. No.768 of 2005 is for partition but of a property which was allegedly purchased by sale of an item of Tharwad property and hence partible. During pendency of the suits plaintiff No.1 in O.S. No.768 of 2005 who is defendant No.1 in O.S. No.888 of 2005 is stated to have executed a registered Will bequeathing her share in the property to petitioner No.1. Leaned counsel states that genuineness of the registered Will is under challenge in both the suits and in the circumstances it is necessary that both the suits are tried and disposed of jointly. Otherwise there is possibility of divergent findings being entered as regards nature of the acquisition in O.S. No.768 of 2005 and regarding genuineness of the registered Will. Learned counsel states that in the circumstances petitioners filed Ext.P1, application in O.S. No.888 of 2005 seeking joint trial of the suits but that application has not O.P(C) No.426 of 2010 -: 2 :- so far been disposed of. It is submitted that the suits are posted for trial in the list on 18.11.2010. 2. Prayer in this petition is for a direction to dispose of Ext.P1, application. Having regard to the facts and circumstances I find it necessary that Ext.P1, application is disposed of before the suits are taken up for trial. Hence learned Sub Judge, Thrissur is directed to dispose of Ext.P1, application (in O.S. No.888 of 2005) at the earliest and at any rate before the suits are taken up for trial in the list. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv