IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 5588 of 2008(M) ------------------------- AGAINST THE ORDER IN OS 39/2007 IN OS.82/2007 of MUNSIFF COURT, HOSDRUG .................... PETITIONER: -------------- T.ASHARAF HAJI, AGED 45 YEARS, S/O.LATE THIDIL ABOOBACKER HAJI, MIHAJ MANZIL, MARKET ROAD, NILESHWAR, KASARAGOD DISTRICT. BY ADV. SRI.B.RAMACHANDRAN RESPONDENTS: ------------------ 1. AKKALI PRAMEELA, AGED 54, W/O.P.KUNHIKANNAN, GEETHA NIVAS, PADINHATTAM KOZHUVAL, POST NILESHWAR, KASARAGOD DISTRICT. 2. RENJITH, AGED 30, S/O.P.KUNHIKANNA, GEETHA NIVAS, PADINHATTAM KOZHUVAL, POST NILESHWAR, KASARAGOD DISTRICT. 3. P.KUNHIKANNA, AGED 61, GEETHA NIVAS, PADINHATTAM KOZHUVAL, POST NILESHWAR, KASARAGOD DISTRICT. BY ADV. SRI.K.JAYAKUMAR FOR R1 TO 3 SRI.P.B.KRISHNAN FOR R1 TO R3 SRI.R.SURAJ KUMAR FOR R1 TO R3 SMT.GEETHA P.MENON FOR R1 TO R3 SMT.V.DEEPA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING. -2- wpc/5588/2008 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 :TRUE COPY OF COMMON ORDER PASSED O.A.51/1986 AND I A NO.61/1986 IN SMP NO.1474/1976 DATED 16.10.1991 OF LAND TRIBUNAL, NILESHWAR. EXHIBIT P2 :TRUE COPY OF PLAINT DATED 17.3.2007 FILED AS O S NO.82/2007 BEFORE THE HONOURABLE MUNSIFF'S COURT, HOSDURG. EXHIBIT P3 :TRUE COPY OF SALE DEED DATED 7.11.2002 OF S R O, NILESHWAR. EXHIBIT P4 : TRUE COPY OF PLAINT DATED 5.2.2007 FILED AS O S NO.39/2007 BEFORE HONOURABLE MUNSIFF'S COURT, HOSDURG. EXHIBIT P5 : TRUE COPY OF I A NO.6329/07 IN O S NO.82/2007. /True copy/ p.a. to Judge M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.5588 of 2008 ------------------------------- Dated this the 25th July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India for a direction to stay Exts.P2 and P4 suits, till the disposal of CRP.No.1172 of 1997 and 1173 of 1997, pending before this Court. 2. Learned counsel appearing for the petitioner and learned Senior counsel appearing for the respondents were heard. 3. Ext.P2 suit (O.S. No.82/2007) is a suit for injunction restraining respondents 2 and 3 from trespassing into the plaint schedule properties. Petitioner is one of the seven plaintiffs in the suit. Ext.P4 (O.S.No.39 of 2007) is a suit instituted by the first respondent against one Abdul Salam Haji for recovery of possession. The argument of the learned counsel for the petitioner is that title set up in O.S.No.39 of 2007 by the first respondent is the title which could be perfected only after disposal of CRP.No.s1172 and 1173 of 1997, and though petitioner is not a party to the said suit, and plaintiffs obtained an order of temporary injunction in O.S.No.82 of 2007, and plaintiff in O.S.No.39 of 2007 is claiming the very same property, and, W.P.(C) No.5588 of 2008 2 therefore,trial of both suits are to be stayed till the final disposal of CRP.Nos.1172 and 1173 of 1997. 4. Learned senior counsel appearing for the respondents argued that petitioner is not a party to O.S.No.39 of 2007 and O.S.No.82/2007 is only a suit for injunction where first respondent is not a party, and in such circumstances, there is no necessity for an order of stay as sought for. 5. As long as petitioner or other plaintiffs in O.S.No.82 of 2007 are not parties to O.S.No.39 of 2007, petitioner need not worry about the decree, if any, passed in that suit, as it will not be binding on them. Therefore, whether the title claimed by first respondent has become perfect or will be perfect only after disposing of CRP.No.1172 and 1173 of 1997 is to be decided only in O.S.No.39 of 2007. As far as O.S.No.82 of 2007 is concerned, it is a simple suit for injunction and the question is only whether plaintiffs therein are in possession of the property. Petitioner who is not a party to O.S.No.39 of 2007 is not entitled to seek any direction in that suit as sought for. In such circumstances, writ petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.