IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2862 of 2010(O) ------------------------- OS.31/2007 of MUNSIFF COURT, ALATHUR .................... PETITIONER(S): --------------- DAMODARANUNNI, S/O. ACHUTHAN NAIR, AGED 54 YEARS, NOTTATHU VEEDU, PARUTHIPULLY, BAMMANIYOOR AMSOM DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S): --------------- 1. KUNCHI, W/O. CHAMY, AGED 62 YEARS, PILAKKAL VEEDU, PARUTHIPULLY, BAMMANIYOOR AMSOM DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. 2. KRISHNANKUTTY, S/O. SUBADRAMA, POYIMDATHIL SATHYABHAMA AMMA'S HOUSE, PARUTHIPULLY, BAMMANIYOOR AMSOM DESOM, ALATHUR TALUK, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P.(C) NO. 2862 of 2010 * * * * * * * * * * * * * * * * * * Dated: 29-01-2010 JUDGMENT The Writ Petitioner is the plaintiff in O.S. No. 31 of 2007 on the file of the Munsiff's court, Alathur . The said suit is one for a perpetual injunction restraining the defendants therein from trespassing into the plaint schedule properties. Prior to that the petitioner had filed another suit O.S. No. 2 of 2006 on the file of the very same court seeking A perpetual injunction against the defendant therein who are not the defendants in O.S. No. 31 of 2007 in respect of the same property. O.S. No. 2 of 2006 was dismissed by the learned Munsiff, after trial and aggrieved by the judgment and decree passed therein the petitioner has filed an appeal as A.S. No. 26 of 2007 before the District Court, Palakkad. In the year 2009, the petitioner filed I.A. No. 1103 of 2009 before the Munsiff's Court Alathur seeking a stay of O.S. 31 of 2007 till the disposal of A.S. No. 26 of 2007 pending before the District court, Palakkad alleging that if O.S. No. 31 of 2007 is W.P. (C) No. 2862 of 2010 -:2:- allowed to be proceeded with there was a possibility of the conflicting decrees being passed in the two suits and that the defendants in O.S. No. 31 of 2007 are the assignees from the defendants in O.S. 2 of 2006. The Court below as per Ext.P7 order dated 15-08-2009 dismissed the said application for stay. Hence, this Writ Petition. 2. In the first place, the causes of action alleged in both the two suits are different. The defendants in both the suits instituted by the petitioner are also different. Eventhough it is alleged that defendants in O.S. No. 31 of 2007 are the assignees from the defendants in O.S. No. 2 of 2006 the court below found that their assignment was even prior to the institution of O.S. 2/2006. Under these circumstances, the court below cannot be found fault with in not staying O.S. No. 31 of 2007 by resorting Sec. 10 C.P.C. which is not attracted. I do not find any good ground to interfere with the order passed by the learned Judge. This Writ Petition is accordingly dismissed. V. RAMKUMAR, (JUDGE) W.P. (C) No. 2862 of 2010 -:3:- ani.