IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21808 of 2008(U) -------------------------- I.A.No.1377/2008 in OS.71/2007 of MUNSIFF COURT, CHITTUR .................... PETITIONER: ------------ RUGMANI, W/O.PAZHANISWAMY KOUNDER, VARAVOOR CHALLA, KANNIMARI, CHITTU TALUK, PALAKKAD, REP. BY HER POWER OF ATTORNEY HOLDER MARUTHACHALAM, S/O.SUNDARA COUNDER, RESIDING AT KULLARAYAN PALAYAM, KOZHINJAMPARA VILLAGE, CHITTUR TALUK, POST PAZHANIYARPALAYAM. BY ADV. SRI.D.KRISHNA PRASAD SRI.D.NARENDRANATH SMT.O.K.SANTHA RESPONDENTS: ------------- SWAMINTHAN, S/O. VELUTHARAKAN, VARAVOOR CHALLA, KANNIMARI, CHITTUR TALUK, PALAKKAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21808 of 2008 ------------------------------- Dated this the 21st July, 2008. J U D G M E N T Petitioner is the defendant and respondent the plaintiff in O.S.No.71 of 2007, on the file of Munsiff Court, Chittur. This petition is filed under Article 227 of Constitution of India challenging Ext.P2 order whereunder I.A.No.1377 of 2008, an application filed under Section 10 of Code of Civil Procedure to stay the trial of the suit till disposal of appeal pending before the Appellate Court (Land Reforms) was dismissed. 2. The learned counsel appearing for the petitioner was heard. 3. The learned counsel argued that the dispute in the suit could finally be resolved only based on a decision taken by the Appellate Authority (Land Reforms) in A.A.No.11 of 2003, and even if in strict sense, Section 10 of Code of Civil Procedure has no application, learned Munsiff should have stayed the suit till the disposal of the appeal under the inherent power. The learned counsel further W.P.(C) No.21808/2008 2 argued that as this aspect was not considered by learned Munsiff, and learned Munsiff dismissed the application for the sole reason that no petition under Section 10 of Code of Civil Procedure will lie, the order may be quashed. 4. As the learned Munsiff has not considered the question whether exercising the inherent power, suit is to be stayed till the disposal of the settlement of the dispute before the Appellate Authority (Land Reforms), Ext.P2 order is quashed, though the finding of the learned Munsiff on the application of Section 10 of Code of Civil Procedure is perfectly correct. Learned Munsiff is directed to consider whether exercising the inherent power, the suit is to be stayed or not in the nature of the dispute to be resolved in the suit and to be settled in the appeal pending before the Appellate Authority (Land Reforms). Writ petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.