Kerala High Court
Vasudevan vs Radhakrishnan on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
OP(C) NO. 2011 OF 2022
IA 1527/2022 OF PRINCIPAL MUNSIFF COURT, PALAKKAD
PETITIONER:
VASUDEVAN
AGED 47 YEARS
S/O PONNAPPAMOOTHAN,
KARNAKI NAGAR, VADAKKANTHARA POST, MOOTHANTHARA,
PALAKKAD, PIN - 678012
BY ADV R.HARISHANKAR
RESPONDENTS:
1 RADHAKRISHNAN
AGED 44 YEARS
S/O PONNAPPAMOOTHAN,
"PRANAVAM", KARNAKI NAGAR, VADAKKANTHARA POST,
MOOTHANTHARA, PALAKKAD
PIN - 678012
2 P.LEELA
W/O. GOPALAN, 49/86, ARYAKULAM,
KOZHIPPARAMBU, VADAKKANTHARA, PALAKKAD
PIN - 678012
3 P.RATHNAM
W/O. KUNHUNNI, AMBALATH (H), JOURNALIST VILLAGE,
PANCHAYATH ROAD JUNCTION, KUZHIVELPPADI, EDATHALA
PIN - 683561
4 P.BABY
W/O. KANAKARAJAN, KARNAKI NAGAR,
9/310, MOOTHANTHARA, KODUVAYUR, PALAKKAD
PIN - 678501
5 P.SUJATHA
W/O. BHASKARAN, 223/1, KARNAKI NAGAR, MOOTHANTHARA,
KODUVAYUR, PIN - 678501
6 CHANDRAN
S/O. KUPPUANKUTTY, PIRAYIRI AYYAPPANKAVU, 10/242,
OP(C) NO.2011 OF 2022 2
PALAKKAD, PIN - 678019
7 RAJESH
S/O. CHANDRAN, PIRAYIRI AYYAPPANKAVU, 10/242,
PALAKKAD, PIN - 678019
8 RADHIKA
D/O. CHANDRAN, PIRAYIRI AYYAPPANKAVU, 10/242,
PALAKKAD, PIN - 678019
9 LATHIKA
D/O. CHANDRAN, PIRAYIRI AYYAPPANKAVU, 10/242,
PALAKKAD, PIN - 678019
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO.2011 OF 2022 3
Dated this the 21st day of October, 2022
JUDGMENT
Aggrieved by Ext.P10 order passed in I.A
No.1527/2022 in O.S.No.278/2019 of the Court of the
Munsiff (Principal), Palakkad, the first defendant in the
suit has filed the original petition. The first respondent
in the original petition is the plaintiff and the respondents
2 to 9 are the defendants 2 to 9 before the court below.
2. The facts in brief, relevant for the determination of
the original petition, are: the petitioner had filed O.S.
No.555/2016 before the Court of the Additional Munsiff,
Palakkad, against the first respondent for a decree of
permanent prohibitory injunction and fixation of
boundary. During the pendency of the suit, the first
respondent filed O.S. No.278/2019, against the petitioner
and the respondents 2 to 9, for a decree of partition. The
first respondent has resisted O.S. No.555/2016 by filing
Ext.P3 written statement and Ext.P4 additional written
statement. Then, the first respondent filed O.P.(Transfer)
No.47/2020 before the Court of the District Judge,
Palakkad, for the transfer of O.S No.555/2016 from the
Court of the Additional Munsiff to the Court of the
Principal Munsiff, where O.S. No.278/2019 is pending.
The learned District Judge, by Ext.P7 order, allowed the
transfer petition. The learned District Judge specifically
observed that the question of joint trial of the two suits
can be considered by the trial court, which would save
time and energy. Subsequent to Ext.P7 order, the first
respondent filed I.A No.1527/2022 (Ext.P8) for the
consolidation and joint trial of the two suits. The
petitioner opposed the same through Ext.P9 counter
statement. The court below, by the impugned Ext.P10
order, has allowed Ext.P8 application. Ext.P10 is invalid,
irregular and improper. Hence, the original petition.
3. Heard; Sri.R.Harishankar, the learned counsel
appearing for the petitioner.
4. The point is whether there is any error or illegality
in Ext.P10 order.
5. On an analysis of the pleadings and materials on
record, it can be gathered that O.S. Nos.555/2016 and
278/2019 are in respect of the same property, that has
devolved on the parties through Ext.P2 will executed by
their predecessor-in- interest.
6. O.S. No.555/2016 is filed for fixation of boundary
and the latter suit i.e. O.S. No.278/2019 is for a decree of
partition.
7. The learned District Judge, by Ext.P7 order, taking
note of the pendency of a connected suit in respect of the
same property ordered the withdrawal and transfer of
O.S. No.555/2016 from the Court of the Additional
Munsiff to the Court of the Principal Munsiff, and left it to
the discretion of the learned Principal Munsiff to consider
whether the suits will have to be consolidated and jointly
tried.
8. The learned Principal Munsiff, after appreciating
the fact that the suits are in respect of the same property,
by Ext.P10 order, deemed it fit to order the joint trial of
the suits.
9. It is trite, even if all the parties are not the same
in both suits, joint trial can be ordered. I find the course
adopted by the court below to be justifiable and proper
because if the trial of both suits are consolidated, it would
save precious judicial time and avoid multiplicity of
proceedings, especially recording of evidence. Moreover,
I do not find any prejudice being caused to the petitioner
by the joint trial of the two suits. There is no error or
infirmity in Ext.P10 order, warranting interference by this
Court under Article 227 of the Constitution of India. The
original petition fails and is hence dismissed.
Sd/-
C.S.DIAS, JUDGE
rmm21/10/2022
APPENDIX OF OP(C) 2011/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT DATED 03.07.2016
IN O.S.NO.555/2016 ON THE FILES OF
ADDITIONAL MUNSIFF'S COURT, PALAKKAD.
Exhibit P2 TRUE COPY OF THE WILL NO.36/1997 DATED
31.01.1997 OF SRO, PALAKKAD
Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED
17.09.2016 IN O.S.NO.555 OF 2016.
Exhibit P4 TRUE COPY OF THE ADDITIONAL WRITTEN
STATEMENT DATED 15.10.2018 FILED BY 1ST
RESPONDENT IN O.S.NO.555/2016
Exhibit P5 TRUE COPY OF THE PLAINT DATED 14.06.2019
IN O.S.NO.278/2019 ON THE FILES OF
PRINCIPAL MUNSIFF'S COURT, PALAKKAD.
Exhibit P6 TRUE COPY OF THE WRITTEN STATEMENT DATED
03.11.2020 IN O.S.NO.278/2019 ON THE
FILES OF PRINCIPAL MUNSIFF'S COURT,
PALAKKAD.
Exhibit P7 TRUE COPY OF THE ORDER DATED 01.10.2020
IN OP (TRANSFER) NO.47 OF 2020 OF
DISTRICT COURT, PALAKKAD.
Exhibit P8 TRUE COPY OF THE IA NO.1527/2022 DATED
15.07.2022 IN O.S.NO.278 OF 2019.
Exhibit P9 TRUE COPY OF THE COUNTER STATEMENT DATED
16.07.2022 FILED BY PETITIONER IN EXT.P8.
Exhibit P10 TRUE COPY OF THE ORDER DATED 10.08.2022
IN EXT.P8 FOR JOINT TRIAL RENDERED BY
PRINCIPAL MUNSIFF'S COURT, PALAKKAD.
