IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No.3035 of 2009 (J) -------------------------------- OS.63/2006 of II ADDL.M.C.,TRIVANDRUM .................... PETITIONER/2nd DEFENDANT/1ST COUNTER PETITIONER: ------------------------------------------------------------------- C.SASIDHARAN, S/O.CHELLAPPAN.K.P.10/579, POTHUJANAM LANE, MEDICAL COLLEGE.PO. THIRUVANANTHAPURAM. BY ADV. SRI.A.K.ALEX RESPONDENTS/COUNTER PETITIONERS/PLAINTIFF/DEFENDANTS 1 AND 3: -------------------------------------------------------------------------------- 1. R.THANKAM, S/O.RAMASWAMY NADAR, KEEZHA PALKINATHAN VILAI, POZHIKARA PO., NAGERCOIL, KANYAKUMARI. 2. AIRPORT AUTHORITY OF INDIA, REP. BY THE DIRECTOR, AIRPORT AUTHORITY OF INDIA, THIRUVANANTHAPURAM AIRPORT. 3. RAJEEV KUMAR, CONVENEOR, AIRPORT EMPLOYEES FEDERATION OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.3035 of 2009 ------------------------------------------------ Dated this the 29th day of January, 2009 JUDGMENT The petitioner is the second defendant in O.S.63/06 on the file of the Munsiff's Court, Thiruvananthapuram. It is submitted that on the basis of the contentions raised by the petitioner in the written statement, inter alia an issue has been raised as to whether the suit is barred by limitation and the court below after hearing arguments of both sides passed the impugned order to the following effect:- “Considering the arguments raised by both sides and on perusal of records, it is clear that issue on limitation is a mixed question of fact & law and hence cannot be decided based on records alone at this stage. Hence the issue is relegated for adjudication along with other issues.” 2. This Writ Petition has been filed assailing the said Ext.P12 order. There is W. P. C. No.3035 of 2009 -2- absolutely no merit in this Writ Petition. When the court below has after considering arguments of both sides found that the question of limitation is a mixed question of law and fact and it cannot be decided based on records alone as a preliminary issue the court below was justified in relegating the issue for adjudication along with other issues in the suit. 3. This Writ Petition is hence, dismissed. K.P.BALACHANDRAN, JUDGE kns/-