IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 6393 of 2008(J) ------------------------------------ OS.165/2004 of SUB COURT, SULTHAN BATHERY .................... PETITIONER: ------------------- 1. M.G.THOMAS, S/O. GEEVARGHESE, RESIDING AT NAGARAM AMSOM, KOZHIKODE. 2. MRS. SARAMMA THOMAS, W/O. M.G.THOMAS, RESIDING AT NAGARAM AMSOM, KOZHIKODE. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: ----------------------- 1. CHERKOTTU RAJAN THOMAS, S/O. C.M.THOMAS, EMILY, KALPETTA NORTH POST, KALPETTA, VYTHIRI TALUK, WAYANAD DISTRICT. 2. SANJU J., S/O. C.M.JOSEPH, CHERKOTTU HOUSE, ARAKKUZHA POST, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. --------------------------- W.P.(C) No.6393 OF 2008 -------------------------- Dated this the 25th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred against the order of the Subordinate Judge, Sulthanbathery in I.A.No.1003/2007 in O.S.No.165/2004. It was an application filed by the plaintiff in the suit to include O.S.No.165/2004 in the special list. It was dismissed by the court below. It is desirable to refer to an earlier order passed by me in W.P.(C) No.27197/2007 whereby I have directed the Subordinate Judge, Sulthanbathery to dispose of O.S.Nos.165/2004, 161/2005 and 60/2005, as expeditiously as possible. A perusal of the order of the learned Subordinate Judge would reveal that by virtue of O.P.(Transfer) 13/2005, the case with relief of injunction filed by the defendant in O.S.No.101/2004 was transferred to the Subordinate Judge, Sulthanbathery with a direction to try it along with O.P.No.165/2004. The case on transfer was re-numbered as O.S.No.161/2005. As per the direction of the District Judge, O.S.No.161/2005 and OS.No.165/2004 to be jointly tried and disposed of. So it was under those circumstances, the learned W.P.(C) No.6393/2008 2 Subordinate Judge refused the prayer for including O.S.No. 165/2004 alone in the list. I cannot find fault with the learned Subordinate Judge for the same. But at the same time, if each and every issue can be thrashed out in O.S.No.165/2004, for the reason, it is the suit in redemption of mortgage and the result of the other suit will depend upon the decision in that case it is only proper to try and dispose of together. 2. Therefore, I direct the learned Subordinate Judge to give directions to the plaintiff in O.S.No.161/2005 to complete the steps and to make the case ripen for trial within a period of one month and thereafter list the case together and dispose of the matter, in accordance with law, after affording equal opportunity to all sides to contest their case. The writ petition is disposed of accordingly. (M.N.KRISHNAN, JUDGE) ps