THOMAS @ TOMY Vs. KURUVILLA MATHEW

JUDGEMENT

(1.) RESPONDENT appears through counsel.

(2.) THIS Original Petition is in challenge of Ext.P5, order passed by the learned Sub Judge, Pala on I.A. No.57 of 2012 in O.S. No.158 of 2011 staying trial of that suit until disposal of R.S.A. Nos.557 and 660 of 2008 pending in this Court. Learned Sub Judge has invoked Section 10 of the Code of Civil Procedure for the said purpose.

(3.) THE learned Senior Advocate has contended that O.S. No.158 of 2011 is based on title while no such question is involved in R.S.A. Nos.557 and 660 of 2008. Hence there is no need to stay trial of O.S. No.158 of 2011.