This original petition is filed by the petitioner with the following prayers: i) An appropriate direction to the court below (First Additional Sub Court, Thrissur) to adjourn the trial in O.S.No.840/2006 and counter claim filed therein till finalization of the proceeding in Ext.P1 complaint.
ii) An appropriate direction to the court below (First Additional Sub Court, Thrissur) to issue certified/carbon copy of the order dated 11.11.2014 in I.A.No.6019/2014 in O.S.No.840/2006 pending before it forthwith.
iii) An appropriate direction to the court below to adjourn the trial in O.S.No.840/2006 pending before it till certified/carbon copy of the order passed by it in I.A.No.6019/2014 in O.S.No.840/2006 is issued to the petitioner.
2. The petitioner points out that his car suffered damages and there was some dispute between the petitioner and the O.P.(C) No.2697/2014 2 respondents and the petitioner had approached the Consumer Disputes Redressal Forum for redressal of his grievances. While so, the respondents filed a suit and the petitioner raised a counter claim. The case of the petitioner is that the proceedings before the Consumer Forum has almost reached at the final stage and it may be disposed of soon. The grievance is that before a decision is taken by the Forum, if the suit is taken up for trial, that will cause irreparable loss and injury to the petitioner. Therefore, the petitioner moved I.A.No.6019/2014 for removal of the case from the list. That application was dismissed.
3. The petitioner points out that he sought for a carbon copy of the order in I.A.No.6019/2014 and he has not received the same and he wishes to challenge the order before the appropriate forum. It is therefore prayed that there may be a direction to issue carbon copy of the order in I.A.No.6019/2014 and also to stay the trial of the suit.
4. This Court finds no reason to stay the trial of the suit for the simple reason that a matter is pending before the Consumer Disputes Redressal Forum. Moreover, the suit is of the year 2006.
O.P.(C) No.2697/2014 3 For the above reasons, this petition is disposed of directing the 1st Additional Sub Court, Thrissur to issue carbon copy of the order in I.A.No.6019/2014 in O.S.No.840/2006 dated 11.11.2014 as early as possible, at any rate, within a period of two weeks from today.
Sd/-
P.BHAVADASAN JUDGE smp