P.M.KURIAKOSE Vs. KOCHURANY

JUDGEMENT

(1.) THE prayer in this Original Petition is to quash Ext.P3, order and pass other appropriate order or direction to meet the ends of justice, equity and good conscious.

(2.) PETITIONER is the defendant in O.S.No.473 of 2011 of the Munsiff's Court, Cherthala. That is a suit for prohibitory injunction and other reliefs. Petitioner filed written statement and the case was brought up for trial in the list on 09.01.2013. Petitioner is also involved in a criminal case (Crime No.367 of 2012) which according to the petitioner, is intrinsically connected with the issue involved in the civil suit. Petitioner filed I.A. No.32 of 2013 in the trial court either to stay trial of the suit until Crime No.367 of 2012 is finally disposed of or remove the case from the list for trial. That application was dismissed by the learned Munsiff. That order is under challenge.

(3.) VARIOUS decisions rendered by the Supreme Court on the point would say that there is no straight jacket rule as to whether a civil or criminal case is to be stayed until disposal of the other. That depends on the facts and circumstances of each case.