IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 OP(C).No. 2797 of 2011(O) ------------------------- OS.83/2009 of PRL.SUB COURT,THRISSUR .................... PETITIONERS: ---------------------- 1. PENTA ASSOCIATES,MARATHAKKARA VILLAGE, THRISSUR,REPRESENTED BY ITS MANAGER PARTNERS SHIJU. 2. SHIJU,S/O.MATTIL VASU,AGED 35 YEARS, PUTHUR VILLAGE,THRISSUR. 3. SHAJI,S/O.RAVEENDRAN,AGED 41 YEARS, IN DO. DO. DO. BY ADV. SRI.P.B.KRISHNAN SRI.P.B.SUBRAMANYAN RESPONDENTS: --------------- 1. PUTHUR FISHERIES,NELLIKUNNU DESOM, OLLUKKARA VILLAGE,THRISSUR,REPRESENTED BY ITS MANAGING PARTNER,THIMATHY,PIN-680655. 2. THIMATHY,MANAGING PARTNER,S/O.CHALISSERY MATHU,NELLIKUNNU DESOM,OLLUKKARA VILLAGE, THRISSUR,PIN-680655. 3. MINI,W/O.MOOKKEN PAULSON,ANCHERY AMSOM, OLLUR VILLAGE,THRISSUR,PIN-680306. 4. SHOBA,W/O.KOLLANNUR SIMSON,IN DO. DO. PIN-680306. 5. MOLY,W/O.IMMATTY CHACKO,CHERUR DESOM, VILVATTOM VILLAGE,THRISSUR,;PIN-680655. 6. ALICE,W/O.NELLANKARA PAUL, CHELAKKOTTUKARA DESOM,CHIYYARAM VILLAGE, THRISSUR,PIN-680655. 7. GEORGE.M.J,S/O.MOOKKEN JOSEPH, CHEMBUKKAVU VILLAGE,THRISSUR,PIN-680655. 8. DR.ELEZABETH JOSEPH,D/O.MOOKKAN JOSEPH, CHIYYARAM VILLAGE,THRISSUR,PIN-680655. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 2797 of 2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER IN T.O.P.NO.188 OF 2008, DISTRICT COURT, THRISSUR DTD 03.01.2009 EXT.P2 : COPY OF THE ORDER IN T.O.P.NO.247 OF 2010, DISTRICT COURT, THRISSUR DTD 28.02.2011 EXT.P3 : COPY OF I.A.NO.6930 OF 2011 IN O.S.NO.83 OF 2009, SUB COURT, THRISSUR DTD 08.08.2011 EXT.P4 : COPY OF I.A.NO.7021 OF 2011 IN O.S.NO.83 OF 2009, SUB COURT, THRISSUR DTD 11.08.2011 EXT.P5 : COPY OF I.A.NO.7023 OF 2011 IN O.S.NO.83 OF 2009, SUB COURT, THRISSUR DTD 11.08.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2797 of 2011 --------------------------------------- Dated this 24th day of August, 2011 JUDGMENT Petitioners are the plaintiffs in O.S.No.387 of 2007 of the Court of learned Sub Judge, Thrissur. That is a suit for specific performance of an agreement for sale. According to the petitioners, they got possession of the suit property pursuant to the said agreement for sale. Respondents filed O.S.No.83 of 2009 for a decree for prohibitory injunction against petitioners and others claiming that they are in possession of the suit property. Petitioners filed O.S.No.875 of 2011 for prohibitory injunction claiming that they are in possession. I am told that for the purpose of joint trial, the suits pending in different Courts were consolidated in the Court of learned Principal Sub Judge. By that time, O.S.No.387 of 2007 was dismissed for default and the application for its restoration was also dismissed challenging which petitioners have filed F.A.O.Nos.194 and 203 of 2011. Apprehension of petitioners is that in the meantime, though O.S.No.387 of 2007 is the lead suit, other suits are going to be tried and disposed of. It is pointed out that contesting respondents have filed Ext.P3, application for joint trial of O.P(C).No.2797 of 2011 -: 2 :- O.S.Nos.83 of 2009 and 75 of 2011 and petitioners have filed Exts.P4 and P5, to remove O.S.No.83 of 2009 from the list (on 06.09.2009) and stay the further proceeding in the suit until F.A.O.Nos.194 and 203 of 2011 are disposed of. 2. Learned counsel submits that in all the suits issue regarding execution of the agreement for sale and whether petitioners got possession of the property pursuant to the agreement arise for a decision and unless all the suits are tried and disposed of jointly, it may result in divergent findings. It is argued it is for the said same purpose that all the suits are consolidated in the same Court. 3. Having regard to the facts and circumstances, learned Sub Judge is directed to dispose of Exts.P3 to P5, applications as early as possible having regard to the circumstances of the case and before the pending suits are taken up for trial in the list. This original petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-