IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 6699 of 2008(V) --------------------------------------- PETITIONER: -------------------- NALINAYADAKSHAN, S/O. LAKSHMI, KANNETHUKUNDIL MADATHIPADICKAL, ALANGAD AMSOM, DESOM, ALANGAD POST, OTTAPALAM TALUK. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKITESWARAN SRI.R.SREEHARI RESPONDENT: ----------------------- SHRI SACHIDANANDAN, S/O. LAKSHMI, KANNATHUKUNDIL MADATHIPADICKAL, ALANGAD AMSOM AND DESOM, ALANGAD POST, OTTAPALAM TALUK, PALAKKAD DT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J. --------------------------- W.P.(C) No.6699 OF 2008 -------------------------- Dated this the 26th day of February, 2008 J U D G M E N T ~~~~~~~~~~~ This writ petition is preferred against the order of the Munsiff, Ottappalam in I.A.No.456/2008 in O.S.No.328/2006. The said application is filed under Section 10 of the Civil Procedure Code for stay of the suit till a decision is rendered in A.S.No.72/2007. A.S.No.72/2007 is preferred against the judgment and decree in O.S.No.163/2006. It is submitted that the subject matter is same and therefore being an earlier suit it requires stay under Section 10 of the Civil Procedure Code. The learned Munsiff has not considered the matter on merits at all but has dismissed on the ground of belatedness. It is not proper. 2. Therefore, I set aside the order and direct the learned Munsiff to consider the application afresh applying his mind to the facts of the case and pass appropriate orders. 3. Needless to say that till a decision is taken on the said application, the trial of the suit in OS.326/2006 be deferred. The writ petition is disposed of as above. (M.N.KRISHNAN, JUDGE) ps