IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17464 of 2008(D) -------------------------- OS.34/2006 OF MUNSIFF COURT, PUNALUR .................... PETITIONER: ------------ R.ASOKAN , MULANKADU VEEDU GRACING BLOCK WARD, PUNALUR. BY ADV. SMT.M.R.ANUPAMA RESPONDENTS: ------------- 1. DEVIKA RANI, CHITHRALAYAM, KACHERI ROAD, PUNALUR VILLAGE. . 2. CHEMBAKAVALLY @ SUSEELA CHITHRALAYAM,KACHERI ROAD,PUNALUR VILLAGE. 3. RENUKA RANI, ARADHANA, MUNDAKKAL EAST VILLAGE,KOLLAM. 4. T.R. RAJ KUMAR CHITHRALAYAM, KACHERI ROAD, PUNALUR VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C).No. 17464 of 2008 ------------------------------------------ Dated this the 11th day of June, 2008 JUDGMENT Petitioner is the plaintiff in O.S. 274 of 2005 and first defendant in O.S.34 of 2006. When the suit was included in the special list, petitioner filed 2 applications; 1) I.A. 651 of 2008 and 2)I.A.652 of 2008, one for joint trial of O.S. 34 of 2006 with O.S. 274 of 2005 and other to remove the suit from the special list. Those applications were filed in March 2008 though the suit was included in the special list on 11.6.2008. Under Ext.P8 and P9 orders, the petitions were dismissed. This petition is filed challenging the dismissal of the petition to order joint trial. 2. Learned counsel appearing for petitioner was heard. Argument of the learned counsel appearing for petitioner was that eventhough respondent has no objection, as is clear from a copy of the B diary produced as Ext.P10, learned Munsiff rejected the application ignoring the fact that parties to both suits are one and the same and WPC17464/08 2 properties are also same. 3. On hearing learned counsel appearing for petitioner I do not find any reason for the Munsiff not to order joint trial as sought for in I.A. 651 of 2008. In such circumstances Ext.P8 order is quashed. The learned Munsiff is directed to try O.S. 341 of 2006 along with O.S 274 of 2005. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-