IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 OP(C).No. 3240 of 2011(O) ---------------- IA.NOS. 1120 & 1121/2011 IN OS.141/2006 of SUB COURT,KOCHI .................... PETITIONER(S)/2ND DEFENDANT: -------------------- A.S.SAIDHARAN, S/O.SAHADEVAN, RESIDENT OF KRPS 362, KOTTITHARA ROAD, MARADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.J.JOSEPH PANIKKASSERY RESPONDENT(S)/PLAINTIFF AND ADDL.DEFENDANTS: --------------- 1. JOSE SOJAN, S/O.SEBASTIAN, RESIDENT OF KANNANKERIL HOUSE, KUMBALANGHI P.O., KOCHI – 7. 2. SAVITHRI, W/O.LATE SALIM, RESIDENT OF AZHAKANTHARA HOUSE, KP 5/476, KUMBALANGHI P.O., KOCHI -7. 3. SABELA, AGED 12 YEARS (MINOR), REP.BY MOTHER SAVITHRI, (ADOPTED DAUGHTER OF LATE SALIM), RESIDENT OF DO. DO. 4. AYSHA, W/O.CHITRABHANU, RESIDENT OF THALAYOLAPARAMBU DESOM, VATTAYARA VILLAGE, VAIKOM TALUK. 5. AJITHA, W/O.BABU, RESIDENT OF MULLOTH HOUSE, UDAYAMPEROOR P.O., MANAKKUNNAM VILLAGE, KANAYANNUR TALUK. 6. GEETHA, W/O.VIJAYAKUMAR, RESIDENT OF GEETHANJALI, PUTHUKKALAVATTOM DESOM, EDAPPALLY SOUTH VILLAGE, (4, 5 AND 6 PLAINTIFF IN O.S.NO.201/2007) 7. S.LAILA, W/O.SASIDHARAN, RESIDENT OF H.NO.362, HRP SOUTH, MARADU, KOCHI. 8. A.S.THEJUS, S/O.SASIDHARAN, RESIDENT OF DO. DO. 9. PRASANNAKUMARI, W/O.LATE PRAKASAN,, RESIDENT OF 'ANANDAPADMANABHAN' FLAT NO.2AE, AVENUE CENTRE, MANACAUD P.O., THIRUVANANTHAPURAM 695 009. 10. PRASEETHA, D/O.LATE PRAKASAN, RESIDENT OF DO. DO. OP(C) No.3240/2011 2 11. PRASOON, S/O.LATE PRAKASAN, RESIDENT OF DO. DO. 12. SUDHA. A.S., W/O.ANILKUMAR, ,KOLLAMPARAMBIL HOUSE, P.B.ROAD, PALLURUTHY, KOCHI – 6. 13. DR.SREEDEVI, W/O.LATE PRADEEP, KRPS 362, KATTITHARA ROAD, MARADU P.O., ERNAKULAM. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) No.3240/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ADVANCE PETITION DATED 28.09.2011 – I.A.No.1120/2011 IN OS 141/2006 OF SUB COURT, KOCHI FILED BY PETITIONER EXT.P2 TRUE COPY OF THE JOINT TRIAL PETITION DATED 28.09.2011 – I.A.No.1121/2011 IN OS 141/2006 OF SUB COURT, KOCHI FILED BY PETITIONER //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3240 of 2011 -------------------------------------- Dated this the 10th day of October, 2011. JUDGMENT As the learned counsel submits, petitioner is the 2nd defendant in O.S.No.141 of 2006 of the court of learned Sub Judge, Kochi and concerns the prayer made by the 1st respondent for specific performance of an agreement allegedly executed by petitioner and others. According to the petitioner, O.S.No.201 of 2007 pending in the same court and filed by the 1st defendant in O.S.No.141 of 2006 is connected with the former suit and is required to be tried along with O.S.No.141 of 2006. Hence petitioner filed Ext.P2, application (I.A.No.1121 of 2011 in O.S.No.141 of 2006) for a joint trial of the two suits. Grievance of the petitioner is that without disposing of that application learned Sub Judge has posted O.S.No.141 of 2006 for trial in the list. 2. Having regard to the grievance of petitioner, learned Sub Judge, Kochi is directed to dispose of Ext.P2, application ((I.A.No.1121 of 2011) in O.S.No.141 of 2006 before that case is taken up for trial. Original Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks