K.PREMA Vs. ARJUN

JUDGEMENT

(1.) UNDER challenge in this petition is Ext.P5 order passed by the Subordinate Judge, Palakkad in O.S.No.384/2005. By Ext.P5, the learned Sub Judge stayed the said suit under Section 10 of the Code of Civil Procedure (hereinafter referred to as, the Code), noticing the pendency of R.F.A.No.167/2006 before this Court which arose out of O.S.No. 270/2002 on the file of the very same court.

(2.) O .S.No.384/2005 is a suit for partition. The petitioner is the third defendant in the said suit. The dispute in O.S.No.384/2005 relates to the estate left behind by the petitioner's late husband C.T.Vijayan. According to the petitioner, her husband had executed a registered Will in favour of her and her daughter revoking an earlier Will. The 5th respondent in this petition, who is the son of the petitioner and Vijayan had already filed O.S.No.270/2002 seeking partition of the property. The suit was decreed and an appeal was filed against the same as R.F.A.No.167/2006 which is pending before this Court. The present suit i.e. O.S.No.384/2005 is filed by the first respondent in this petition, who is the minor son of the 5th respondent.

(3.) IT is relevant to note that Ext.P3 order by which the application filed by the petitioner herein for stay under Section 10 of the Code was dismissed, was taken before this Court in W.P(C) No.5174/2008. Ultimately, the said petition was dismissed vide Ext.P4 judgment. In the light of Ext.P4 judgment, the question of stay of trial of the present suit does not arise for consideration at this stage. Therefore, the impugned order calls for an interference. In the result, the petition is allowed. The impugned order is set aside. The Sub Court, Palakkad is directed to expedite the process and give an early verdict preferably, within a period of three months from the date of appearance of the parties. Parties shall mark appearance before the Sub Court, Palakkad, on 01/11/2012.