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Judgment
Heard the petitioner/party-in-person and the learned
counsel appearing for the respondents.
Petitioner is aggrieved by Ext.P1 order passed by the
Court of Principal Sub Judge, North Paravur declining her prayer to
remove the suit from the special list and also for a joint trial of O.S
No.401 of 1999 along with O.S No.241 of 1995.
Learned counsel for the respondents/plaintiffs in O.S
No.401 of 1999 contended that they are not parties to O.S No.241 of
1995 and the reliefs claimed in the suit are entirely different. It is
submitted by the petitioner that as per order in F.A.O No.151 of
2007, the judgment/decree in O.S No.241 of 1995 was set aside and
it was remanded for fresh consideration. According to the petitioner,
both suits will have to be jointly tried, otherwise she will be put to
prejudice. This submission is opposed by the learned counsel for the
respondents contending that as the issues in both suits are different
and therefore they cannot be jointly tried.
Another grievance of the petitioner is that there was a
mediation talk between the parties in O.S No.401 of 1999 and the
respondents have made a promise to settle the matter. This
submission is also opposed by the learned counsel for the
respondents saying that there was no mediation talk. However, the
petitioner seeks some more time to produce relevant documents to
substantiate her case. It is her submission that on account of the
mediation talks and hoping that it will be settled, she did not gather
the relevant documents.
Considering the facts and circumstances, I hereby grant 45
days to the petitioner for procuring the documents and the court
below shall enlist O.S No.401 of 1999 in the special list after 45
days. As the court below rightly declined the prayer for a joint trial, I
do not intend to interfere with the order passed by the court below in
respect of joint trial.
Original Petition disposed accordingly.