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2017 Supreme(Online)(KER) 9519

HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
LALU V MATHEW – Appellant
Versus
V K KARTHIKEYAN – Respondent


J U D G M E N T

The petitioner is the 3rd defendant in O.S.No.162/2009 on the file of the Munsiff's court, Chengannoor. The petitioner along with the 1st defendant in that suit filed I.A.No.928/2013, an application under Section 10 of the Code of Civil Procedure, 1908 , (hereinafter referred to for short as 'the Code' only) seeking stay of all further proceedings in O.S.No.162/2009 till disposal of R.F.A.No.773 of 2010 on the file of this Court, arising out of O.S.No.59/2009 on the file of the Sub Court, Chengannur. However, without passing any orders on the same, the suit was notified for trial on 9.7.2013. In this original petition, the petitioner is seeking an order directing the court below to consider and pass orders on I.A.No.928/2013 in O.S.No.162/2009 within a time limit to be fixed by this Court.

2. On 8.7.2013, this Court admitted this original petition on file and issued urgent notice to the respondent/plaintiff.

:-2-:

This Court has also granted an interim order of stay as prayed for and the said order is still in force.

3. I heard the learned counsel for the petitioner/3rd defendant and also the learned counsel for the respondent/

plaintiff.

4. It is seeking stay of the pro

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