IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 OP(C).No. 4289 of 2011(O) ------------------------- OS.655/2008 of PRL.SUB COURT,THRISSUR .................... PETITIONER(S): ----------------------- MOHANDAS, AGED 56 YEARS, S/O.SANKARANKUTTY RESIDING AT KALLAMVALAPPIL, MANALI DESOM, CHIRANALLUR VILLAGE, THALAPPALLI TALUK, THRISSUR DISTRICT. BY ADV. SRI.S.VASUDEVAN RESPONDENT(S): ------------------------ CHANDNI BALAN, W/O.BALAN, AGED 50 YEARS, RESIDING AT UMMUNKAL, MANALI DESOM, CHIRANALLUR VILLAGE, THALEPPALLI TALUK, THRISSUR DISTRICT, NOW RESIDING AT 29/138,NEW VIDYANAGAR COLONY NARADMAT, RAMAKRISHNAPURAM, HYDERABAD - 500043. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ds OP(C).No. 4289 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT P1. TRUE COPY OF THE PLAINT IN OS NO.655 OF 2008. EXHIBIT P2. TRUE COPY OF THE WRITTEN STATEMENT IN OS NO.655/2008. EXHIBIT P3. TRUE COPY OF THE CMA NO.91/2008. EXHIBIT P4. TRUE COPY OF THE IA NO.10252/2011. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ PA TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4289 of 2011 ==================================== Dated this the 23rd day of December, 2011 J U D G M E N T Plaintiff in O.S. No.655 of 2008 of the court of learned Sub Judge, Thrissur seeks a direction to adjourn trial of the suit until C.M. Appeal No.91 of 2008 pending in the court of learned District Judge, Thrissur arising from the dismissal of an application for temporary injunction is disposed of. Petitioner, claiming to be the tenant of schedule building sued respondent for a decree for prohibitory injunction against forcible eviction. The application for temporary injunction was dismissed which is under challenge in the C.M. Appeal. The decision on that application has nothing to do with the disposal of the suit. Hence there is no need to stay trial of the suit until C.M. Appeal is disposed of. I find no merit in the contention. Original Petition is dismissed. THOMAS P. JOSEPH, JUDGE. vsv