IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 906 of 2008(G) --------------------------------- OS.964/2002 OF ADDL.MUNSIFF COURT, KOLLAM .......................................... PETITIONER: ----------------- FOUSIYA, SAJANA MANZIL, VADAKKEVILA VILLAGE, VADAKKEVILA P.O., KOLLAM. BY ADV. SRI.B.SURESH KUMAR RESPONDENTS: ----------------------- HUSSAIN, NISARI, KURAKKANNY DESOM, PUNNAMMOODU, VARKKALA P.O., THIRUVANANTHAPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.906 OF 2008 ===================== Dated this the 8th day of January 2008 JUDGMENT This writ petition is preferred against the order of the Addl.Munsiff's Court, Kollam in I.A.No.52 of 2008 in O.S.No.964 of 2002. The learned Munsiff previously by an order in I.A.No.4230 of 2002 found that O.S.No.964 of 2002 pending before it is liable to be stayed till the disposal of O.S.No.180 of 1998 pending before the Family Court, Kollam. The proceedings before the Family Court, Kollam is regarding the right of the parties, i.e. a document is obtained in the name of the husband and wife and the question for consideration before the Family Court is whether only one is entitled to the absolute right or whether it belonged to them equally. The suit pending before the Munsiff's Court is to effect partition on the basis of the very same document. So, the question to be considered before the Munsiff is also the very same thing. When the subject matter is pending before a District Court , i.e. the Family Court in an earlier proceeding which is directly and substantially in issue in a later suit, it is only just and desirable that the subsequent suit is stayed till a final decision is taken in WP(C) 906/2008 -:2:- the matter pending before the Family Court, Kollam. The court below, on account of some observations made in a transfer petition, had vacated the stay which appears to be not correct. Therefore, I set aside the order passed by the learned Munsiff and direct the court below not to proceed with the trial of O.S.No.964 of 2002 till the matter is disposed of by the Family Court, Kollam, i. e. O.S.No.180 of 1998. Writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-