This is a piquant situation where the same property is the subject matter of two suits for partition which are in the final decree stage. A preliminary decree for partition was passed on 30-6-1998 in O.S No.390/1995 on the file of the Court of the Munsiff of Thaliparamba . Another preliminary decree was passed on 13-3-2000 in relation to the same property in O.S No.232/1999 on the file of the same Court.
2. It is to be noted that only defendant Nos.2 and 3 in O.S No.390/1995 are parties to O.S.No.232/1999. The same Court finds that the subject matter is a co-ownership property in O.S No.390/1995 and a Thavazhy property in O.S No.232/1999. An anomalous situation has emerged which has to be ironed out by the same court in the final decree stage.
3. The only way out is to direct a joint trial of the final decree applications in O.S No.390/1995 and O.S No.232/1999. The plaintiff in O.S No. 232/1999 shall take immediate steps to W.P.(C) No.14572 & 20053 of 2005 2 implead the plaintiff and defendant No.1 in O.S No.390/1995 as additional defendants in O.S No.232/1999. The Court of the Munsiff of Thaliparamba shall decide whether the subject matter is a co-ownership property or Thavazhy property afresh.
4. I am constrained to pass such a direction since only a few of the parties are common in both the suits. The proceedings shall be taken to a logical end without delay. The impugned orders directing stay of the later suit in O.S.No.232/1999 is set aside.
I.A No.2536/1998 in O.S No.390/1995 I.A No.1081/2000 in O.S No.232/1999 are set aside. The Writ petitions are disposed of as above.
V.CHITAMBARESH.