IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 WP(C).No. 18735 of 2009(O) ------------------------------------ AGAINST THE ORDER DATED 11/3/2009 IN IA 1499/09 IN OS.653/2004 of PRL.SUB COURT,THRISSUR .................... PETITIONER: ------------------ VISHNUDAS, S/O. SHANMUGAHAN, KANADI MADOM, PERINGOTTUKARA, THRISSUR. BY ADV. SRI.C.HARIKUMAR SMT.MOLLY KOSHY RESPONDENTS: --------------------- 1. SATHYADEVAN, S/O. KANADI SHANMUGHAN, KANADI HOUSE, PERINGUTTUKARA, THRISSUR. 2. KRISHNAKUMAR, S/O SHANMUGHAN, KANADI MADOM, PERINGOTTUKARA, THRISSUR. 3. VALSAN, NJATTUVETTI HOUSE, KIZHAKKUMURI, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON 03/07/2009 DELIVERED THE FOLLOWING: dkr S.S. SATHEESACHANDRAN, J. ```````````````````````````````````````````````````` W.P.(C) No. 18735 OF 2009 ```````````````````````````````````````````````````` Dated this the 3rd day of July, 2009 J U D G M E N T Petitioner is the 2nd defendant in OS.653/04 on the file of the Principal Sub Court, Thrissur. Petitioner has moved an application under section 10 of CPC before that court contending that an earlier suit involving the disputes raised as between the very same parties is now pending in appeal before this court. The application was dismissed. Propriety and correctness of that order is impeached in this writ petition. 2. Having regard to the facts and circumstances presented with reference to Ext.P2 order, I find no notice to the respondent is necessary and it is dispensed with. The learned counsel for the petitioner fairly submitted that the case is posted in the list on 7.7.2009. It is seen Ext.P2 order was passed as early as on 11.3.2009. Setting forth a challenge on the basis of Ext.P2 order, to adjourn the trial, by filing this writ petition, whatever be the merit of the case, cannot be appreciated. Reserving the right of the petitioner to claim appropriate relief from appropriate forum, the writ petition is dismissed. Sd/- (S.S. SATHEESACHANDRAN, JUDGE) aks