K.K.Sathyapalan vs Anasthasia P.J
2021 Latest Caselaw 15528 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
         FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                          OP(C) NO. 44 OF 2018
     AGAINST THE ORDER/JUDGMENT IN OS 178/2006 OF PRINCIPAL SUB
                         COURT,KOCHI, ERNAKULAM
PETITIONER/S:

     1      K.K.SATHYAPALAN
            AGED 50 YEARS
            S/O.KUNJAN, AGED 50 YEARS,KADAVILPARAMBIL VEEDU,
            PERUMPADAPPU, KOCHI - 682 006.

     2      M.V.MURUKAN
            S/O.VELAYUDHAN, AGED 45 YEARS,OORALAKKAMSSERY,
            PERUMPADAPPU,KOCHI - 682 006.

            BY ADVS.
            SRI.S.SREEKUMAR (SR.)
            SRI.P.MARTIN JOSE
            SRI.MANJUNATH MENON
            SRI.P.PRIJITH
            SRI.THOMAS P.KURUVILLA
            SRI.S.VAIDYANATHAN



RESPONDENT/S:

     1     ANASTHASIA P.J
           POOVANKERI HOUSE, VADUTHALA, ERNAKULAM.

     2     MOHANAN (**DELETED**)
           S/O.KUNJAN, KADATHUKADAVIL HOUSE,RESIDING AT ATTIPATTU
           HOUSE,PERUMPADAPPU, KOCHI - 6.

           (R2 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE
           PETITIONER VIDE ORDER DATED 08.11.2018 IN I.A.NO.2/2018)

     3     RADHA
           W/O.MOHANAN, ATTIPETTU HOUSE,PERUMPADAPPU, KOCHI - 6.

     4     VINCENT
 OP(C) NO. 44 OF 2018
                             2

         V/16/1814, KOYIL PARAMBIL,PERUMPADAPPU,
         PALLURUTHY, KOCHI - 6.

    5    ANTONY P.J.
         AGED 53 YEARS, S/O.JOSEPH,PALACKAL HOUSE,
         PERUMBADAPPU,KOCHI - 682 006.

    6    PHILOMINA PAUL
         AGED 56 YEARS, W/O.PAUL,PALACKAL HOUSE,
         PERUMBADAPPU, KOCHI - 682 006.

    7    JANARDHANAN
         S/O.KARUPPAN, AGED 51 YEARS,ALUMPARAMBIL VEEDU,
         PERUMPADAPPU, KOCHI - 682 006.

    8    JOSEPH P.J.
         S/O.JOSEPH, AGED 58 YEARS,PALACKAL HOUSE,
         PERUMBADAPPU, KOCHI - 682 006.

         BY ADVS.
         SRI.V.PREMCHAND
         SRI.SIJU RAJAN



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(C) NO. 44 OF 2018
                               3



                          JUDGMENT

The challenge in this original petition is against Ext.P11

order rejecting an application for joint trial of O.S.Nos.178 of

2006 and 146 of 2008, pending before the Sub Court, Kochi.

O.S.No.178 of 2006 has been filed for fixation of boundaries

and O.S.No.146 of 2008 for permanent prohibitory injection.

The petitioners are defendants in both the suits and the issue

involved in the suits is regarding the right of user of a

pathway.

2. The learned Counsel on either side submits that

joint trial could be ordered, since trial of both the suits is

held up due to pendency of this original petition and it would

be in the interest of all concerned to get the suits disposed

at the earliest. Having considered the contentions and

having gone through the plaint in both the suits, I find that

the real issue involved in both the suits revolves round a OP(C) NO. 44 OF 2018

pathway said to have been used by the petitioners for ingress

and egress to their property. As such, I find the prayer for

joint trial to be well founded.

Accordingly, the Original Petition is allowed. Ext.P11

order is set aside and the Sub Court, Kochi is directed to try

O.S.No.178 of 2006 and O.S.No.146 of 2008 jointly.

Considering that the suits are of the year 2006 and 2008, the

Sub Court shall take earnest effort to dispose the suits

expeditiously.

Sd/-

V.G.ARUN JUDGE

RK OP(C) NO. 44 OF 2018

APPENDIX OF OP(C) 44/2018

PETITIONER EXHIBITS

EXHIBIT P1: TRUE COPY OF THE PLAINT IN O.S.NO.178 OF 2006 OF SUB COURT OF COCHIN.

EXHIBIT P2: TRUE COPY OF JUDGMENT IN O.P.

(C)NO.703/2011 DATED 2-11-2012 OF THIS HON'BLE COURT.

EXHIBIT P3: TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM SUBMITTED BY THE PETITIONERS IN O.S.NO.178 OF 2006.

EXHIBIT P4: TRUE COPY OF O.S.NO.171 OF 2007 FILED BY RESPONDENTS 5 & 6 BEFORE THE MUNSIFF'S COURT.

EXHIBIT P5: TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM IN O.S.NO.146/2008 BEFORE THE HON'BLE SUB COURT, KOCHI.

EXHIBIT P6: TRUE COPY OF A COMMISSION REPORT ALONG WITH A SKETCH IN O.S.NO.178/2006 BEFORE THE HON'BLE SUB COURT, KOCHI.

EXHIBIT P7: TRUE COPY OF ORDER DATED 14-3-2008 IN T.O.P.NO.124/08 OF DISTRICT COURT, ERNAKULAM.

EXHIBIT P8: TRUE COPY OF JUDGMENT IN W.P.

(C)NO.21453/2008 DATED 24-07-2008 BEFORE THIS HON'BLE HIGH COURT.

EXHIBIT P9: TRUE COPY OF B DIARY PROCEEDINGS IN O.S.NO.178 OF 2006 BEFORE THE COURT OF OP(C) NO. 44 OF 2018

THE SUB JUDGE, KOCHI.

EXHIBIT P10: TRUE COPY OF I.A.NO.531 OF 2013 IN O.S.NO.178/2006 BEFORE THE HON'BLE SUB COURT, KOCHI.

EXHIBIT P11: TRUE COPY OF ORDER IN I.A.NO.531/2014 IN O.S.NO.178/2006 DATED 04-10-2013 BEFORE THE COURT OF THE SUB JUDGE, KOCHI.

EXHIBIT P12: TRUE COPY OF JUDGMENT IN F.A.O.NO.315/2014 DATED 25-06-2015 BEFORE THE HOIN'BLE HIGH COURT, ERNAKULAM.

EXHIBIT P13: TRUE COPY OF COMMON JUDGMENT IN C.M.A.NO.6 OF 2015 AND C.M.A.NO.7 OF 2015 DATED 31-01-2017 OF THE DISTRICT COURT, ERNAKULAM.

RESPONDENT'S EXHIBITS:NIL