IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 OP(C).NO. 2539 OF 2011(O) ---------------------------------------- I.A. NOS.3954, AND 3953 OF 2011 IN OS.489/2004 AND I.A. NO.3790 OF 2011 IN O.S. NO.419 OF 2004, OF FIRST ADDITIONAL SUB COURT, TRIVANDRUM .................... PETITIONER: -------------------- JOBAY VARGHESE @ THAMPAN, SON OF VARGHESE,RESIDING AT GREEN LAND, VAYALIL THOPPU, KARUPPORAM CHERRY, VADAKKEVILA VILLAGE,KOLLAM TALUK, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): ------------------------- 1. CLEMENT MOSSES,RESIDING AT ELIZABETH VILLA, HOUSE NO.74, SWATHY NAGAR, VADAKKUMBHAGOM MURI,MENAMKULAM, KAZAKKOOTTAM VILLAGE, KAZHAKKOOTTAM P.O,THIRUVANANTHAPURAM 695 582. 2. GLADIZ CLEMENT @ A GLADIZ DYNA NETTO, W/O.CLEMENT MOSSEZ,RESIDING AT ELIZABETH VILLA, HOUSE NO.74,SWATHY NAGAR, VADAKKUMBHAGOM MURI,MENAMKULAM, KAZAKKOOTTAM VILLAGE, KAZHAKKOOTTAM P.O,THIRUVANANTHAPURAM 695 582. 3. LILLY ROBERT,SREESAILAM HOUSE, PATTATHANAM,KOLLAM, PIN 691 021. 4. ROBERT,SREESAILAM HOUSE, PATTATHANAM,KOLLAM PIN 691 021. 5. SATHI DEVI,TC 36/648,ENACHACKAL, MANAKKADU,VALLIAKADAVU P.O, THIRUVANANTHAPURAM PIN 695 008. 6. E.BABY,SAJEENA MANZIL, AMMACHAMUKKU,KOOTTIKKADA P.O, MAYYANAD,KOLLAM PIN 691 303. 7. SHAJAHAN,TC 2/77,ALINA GARDEN ATTINKUZHI,THIRUVANANTHAPURAM 695 582. 8. SUDHEESH KUMAR,VARAMBIL VEEDU, KULATHOOR P.O, THIRUVANANTHAPURAM 695 583. 9. THULASI RAJ,RAVATH RAM, ATTINKUZHI,KAZHAKOOTTAM, THIRUVANANTHAPURAM PIN 695 582. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.2539 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S. NO.419 OF 2004 ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM. EXHIBIT P2 A TRUE COPY OF WRITTEN STATEMENT DATED 21.7.2005 IN DO. DO. DO. EXHIBIT P3 A RUE COPY OF THE ORDER DATED 18TH NOVEMBER 2010 IN I.A. NO.4204 OF 2010 AND I.A. NO.4205 OF 2010 IN O.S. NO.419 OF 2004 ON THE FILE OF THE FIRST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM. EXHIBIT P4 A TRUE COPY OF THE PLAINT IN O.S. NO.489 OF 2004 ON THE FILE OF THE SUB COURT, THIRUVANANTHAPURAM. EXHIBIT P5 A TRUE COPY OF I.A. NO.3954 OF 2011 IN O.S. NO.489 OF 2004 DATED 8.7.2004. EXHIBIT P6 A TRUE COPY OF THE I.A. NO.3790 OF 2011 IN O.S. NO.419 OF 2004 DATED 2.7.2011. EXHIBIT P7 A TRUE COPY OF THE I.A. NO.3953 OF 2011 IN O.S. NO.489 OF 2004 DATED 7.7.2011. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.2539 of 2011 ==================================== Dated this the 04th day of August, 2011 J U D G M E N T Petitioner is the plaintiff in O.S. No.419 of 2004 of the court of learned Additional Sub Judge-I, Thiruvananthapuram and the 4th defendant in O.S. No.489 of 2004 of the same court. In O.S. No.419 of 2004 petitioner prayed for a decree for specific performance of an agreement for sale allegedly executed by the second respondent. Second respondent disputed execution of the agreement and claimed that signed blank stamp paper was used to forge an agreement for sale. I am told that the disputed agreement has been sent to the Forensic Science Laboratory for opinion as per order on I.A. No.5654 of 2007. In the meantime respondents 1 and 2 filed O.S. No.489 of 2004 for a declaration that the two sale deeds referred therein are executed without consideration, void and for a declaration that three signed cheque leaves drawn on the Catholic Syrian Bank and a stamp paper worth Rs.50/- in the possession of defendants and others are unenforceable. Petitioner filed Ext.P5, application in O.S. No.489 O.P(C) No.2539 of 2011 -: 2 :- of 2004 for stay of the said suit and Ext.P6, application for joint trial of the two suits since according to the petitioner, in both the suits question as to genuineness of the agreement arises for a decision. Since no orders were passed on the said applications, petitioner filed Ext.P7, application, I.A. No.3953 of 2011 to advance hearing of Ext.P5, application. It is submitted that no order is passed on that application also. But O.S. No.489 of 2004 is posted in the list for trial on 08.08.2011. Learned counsel submitted that before that suit is taken up for trail in the list, Exts.P5 to P7 are to be disposed of. Having heard learned counsel I am inclined to think that circumstances warranted learned Sub Judge to dispose of Exts.P5 to P7 applications. Resultantly, this Original Petition is disposed of directing learned Additional Sub Judge-I, Thiruvananthapuram to dispose of Ext.P5, application for stay of O.S. No.489 of 2004, Ext.P6, application for joint trial of O.S. No.489 of 2004 with O.S. No.419 of 2004 and Ext.P7, application to advance hearing of Ext.P5, application before O.S. No.489 of 2004 is taken up for trial in the list on 08.08.2011. THOMAS P. JOSEPH, JUDGE. vsv