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RAMAKRISHNAN, S/O.THAZHATHETHIL NAKAN versus INDIRA, D/O.KAVIL PARAMBIL AYYAPPAN

High Court of Kerala

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RAMAKRISHNAN, S/O.THAZHATHETHIL NAKAN v. INDIRA, D/O.KAVIL PARAMBIL AYYAPPAN - WP(C) No. 7124 of 2004(W) [2007] RD-KL 12222 (5 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7124 of 2004(W)

1. RAMAKRISHNAN, S/O.THAZHATHETHIL NAKAN,
... Petitioner

Vs

1. INDIRA, D/O.KAVIL PARAMBIL AYYAPPAN,
... Respondent

2. MADHUSOODHANAN, S/O.KANDARAMATH

For Petitioner :SRI.SANTHEEP ANKARATH

For Respondent : No Appearance

The Hon'ble MR. Justice KURIAN JOSEPH The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :05/07/2007

O R D E R

KURIAN JOSEPH & T.R.RAMACHANDRAN NAIR,JJ.

W.P(C)No.7124 of 2004

Dated this the 5th day of July, 2007



JUDGMENT

Kurian Joseph,J.

Petitioner is aggrieved by Ext.P4 order dated 7-8-2003 in I.A.No.1268/2003 in O.S.No.255/2001. It is an application filed under Section 10 of the CPC for staying all further proceedings in the suit till the disposal of Mat. Appeal No.35 of 2003 pending before this court. The suit is one for damages. In the nature of the pleadings in the suit and as referred to in the writ petition we are of the view that it is only appropriate that the suit is tried only after the disposal of Mat. Appeal No.35/2003 referred to above since the crux of the issue is the family dispute between the petitioner and the first respondent. Accordingly we set aside Ext.P4 order passed by the Munsiff Court, Ottapalam in I.A.No.1268/2003 in O.S.No.255/2001 and the application is allowed. The writ petition is allowed as above.

(KURIAN JOSEPH, JUDGE)

(T.R.RAMACHANDRAN NAIR, JUDGE)

ahg.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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