IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 9649 of 2009(O) ------------------------- OS.227/2005 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): --------------- SUPRABHA, D/O.NALINI, RESIDING AT GULNAR, PARIPPALLI P.O., KOLLAM. BY ADV. SRI.S.VASUDEVAN RESPONDENT(S): --------------- 1. PRIYA EDWARD @ BABY SUPRIYADHARAN, W/O.EDWARD, RESIDING AT 8102, KIRKHAM DR, AUSLIN, TEXAS, 78736, U.S.A. 2. SALIM S.RAJAN, S/O.SOMARAJAN, RESIDING AT CHAITHRAM, PARIPPALLY VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT. 3. P.USHA, UP 6/526, NEERAZHI LANE, NLRA 379, ULLOOR, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.9649 OF 2009 (O) ----------------------------------- Dated this the 21st day of May, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India, seeking the following reliefs: i. call for the records of O.S.No.227/2005 from Principal Sub Court, Kollam; ii. set aside Ext.P5 and Ext.P6 orders; iii. Issue an order to allow Ext.P3 and Ext.P4 petitions; and iv. pass such other orders which are deemed to be just and proper in the facts and circumstances of the case. Petitioner, as plaintiff, filed two suits, before the Sub Court, Kollam. When one of the suits came up for trial in the special list, she moved an application for joint trial of the two suits. The learned Sub Judge, taking note that the case was already in the special list was not inclined to allow the application and it was dismissed. Suit was also dismissed for default. WPC.9649/09 2 Correctness of the orders passed by the learned Sub Judge is impeached in the writ petition in which petitioner seeks for allowing of his applications, copies of which are exhibited as Exts.P3 and P4. One of the suits already stands dismissed for non prosecution, and as such, a joint trial of the suits, the relief prayed for by the petitioner cannot be entertained, until and unless the suit dismissed for default is restored on file, for which, it is submitted, he has already moved an application. In case the suit is restored to file, I make it clear that the dismissal of the application already moved for joint trial will not stand in the way of the petitioner moving an application afresh, provided, the other suit is also then pending for trial and recording of evidence has not commenced in that suit. Subject to the above observations, this writ petition is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009