J U D G M E N T

Defendant in O.S.No.382/2003 of the Court of learned Munsiff, Patanamthitta is the petitioner before me. According to the petitioner in execution of the awards (Exts.P4 to P6) passed under provisions of the Kerala Co-operative Societies Act (for short 'the Act') 40 cents of land belonging to one Subramania Pillai was assigned to the petitioner as per Ext.P12. While so respondent No.2, claiming title and possession of 10 cents out of the said 40 cents filed O.S.No.382 of 2003 against petitioner. Petitioner resisted that suit raising various contentions including maintainability of the suit in view of Section 100 of the Act. Grievance of petitioner is that in spite of petitioner raising a counter claim and challenging maintainability of the suit, learned Munsiff did not frame an issue regarding maintainability of the suit and proceeded with trial of the suit. Petitioner filed W.P.(C) No.5534 of 2008 which this Court disposed of as per Ext.P10, judgment dated, 13.6.2008 permitting petitioner to move the learned Munsiff to frame additional issue regarding maintainability of the suit and to request learned Munsiff to hear that issue as a preliminary issue, if circumstan