C.M.T MUHAMMED BAVA Vs. NAFEESU

JUDGEMENT

(1.) The petitioners, who are the defendants in O.S.No.166/2017 on the file of the Munsiff's Court, Tirur, are before this Court in this original petition filed under Article 227 of the Constitution, seeking an order directing the said court to consider the maintainability of O.S.No.166/2017 as a preliminary point and pass orders thereon without any further delay. The petitioner has also sought for an order directing the said court to keep in abeyance Ext.P4 order dated 25.7.2017 in I.A.No.1130/2017 in O.S.No.166/2017, till orders are passed in the above suit regarding its maintainability.

(2.) On 9.8.2017, when this original petition came up for admission, this Court admitted the matter on file and issued notice to the respondents/plaintiffs by speed post. This Court has also granted an interim stay of all further proceedings in O.S.No.166/2017 on the file of Munsiff's Court, Tirur, including further proceedings as per Ext.P4 order dated 25.7.2017 in I.A.No.1130/2017, for a period of 2 months.

(3.) Heard the learned Senior Counsel for the petitioners/ defendants and also the learned Senior Counsel for the respondents/plaintiffs.