MAYA R NAIR Vs. CHIRAYIL A S KRISHNAN

JUDGEMENT

(1.) The Petitioners are the Plaintiffs in O.S. No. 58 of 2011 on the file of the court of the Munsiff of Changanassery. The suit was filed for eviction of the Respondent from the plaint schedule building. The Respondent filed O.S. No. 302 of 2010 against the Petitioners before the same court for an injunction restraining the Defendants from evicting the Plaintiff therein (respondent herein) otherwise than in accordance with law. Both these suits are pending.

(2.) The Petitioners filed I.A. No. 1050 of 2011 in O.S. No. 58 of 2011 for joint trial of that suit along with O.S. No. 302 of 2010. It is stated that O.S. No. 302 of 2010 is posted in the special list for trial on 10-8-2011. The Learned Counsel for the Respondent submitted that the steps in O.S. No. 58 of 2011 are not complete.

(3.) The prayer in the Original Petition is to issue a direction to the learned Munsiff to take up both the suits together, to conduct a joint trial and to dispose of the suits by a common judgment. The prayer as such cannot be allowed. The trial court has to decide whether joint trial should be ordered. The only relief that can be granted in the case is to direct the learned Munsiff to dispose of the application for joint trial expeditiously. I do so. Since O.S. No. 302 of 2010 is listed for trial on 10-8-2011, the learned Munsiff shall dispose of the application for joint trial on or before 25th July 2011.