The limited prayer in this petition is for a disposal of Ext.P6, application which is filed under Section 10 of C.P.C. before the suit is taken up for trial.
2. The petitioner has narrated the sequence of events which compelled him to file Ext.P6 application. The issue to be decided in the present suit is directly and substantially in issue in the previously instituted suits viz. O.S.No. 65/2000 and 226/2000. Admittedly, appeals are pending before this Court as R.S.A.Nos. 693/2013 and 713/2013 and the same are pending consideration. If the present suit is proceeded with it may seriously affect the rights of the plaintiff. It was under those circumstances that the petitioner was compelled to file Ext.P6 application.
3. The court below should have necessarily taken up the petition and disposed it of on merits before listing of the O.P.(C) No. 2496 of 2014 -2-
suit for trial.
4. Hence, this petition is allowed. There will be a direction to the Sub Court, Manjeri to take up I.A.No.1083/2014 and dispose it of on merits as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
Till that time, the trial of the suit shall be kept in abeyance.
ds //True Copy// P.A. To Judge Sd/-
P.BHAVADASAN JUDGE