IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 14^TH DAY OF JANUARY 2025 / 24TH POUSHA, 1946 OP(C) NO. 1279 OF 2022 (AGAINST THE ORDER DATED 24.05.2022 IN I.A.NO.13/2021 IN OS NO.30 OF 2020 OF MUNSIFF’S COURT, KOYILANDY)

PETITIONER/2ND RESPONDENT IN I.A.13/2021/2ND DEFENDANT:

MUHAMMED, AGED 67 YEARS S/O.KOYAKUTTY HAJI, THALAKKOTTU HOUSE, PANNIKKOTTUR AMSOM, PALANGAD DESOM, THAMARASSERY TALUK, KOZHIKODE, PIN – 673572.

BY ADVS.R.PARTHASARATHY SEEMA RESPONDENTS/PETITIONER & RESPONDENT 1,3 TO 8/PLAINTIFF &

DEFENDANTS 1,3TO 8:

1 RAVEENDRAN NAIR,AGED 67 YEARS S/O.KRISHNAN KUTTY NAIR, KOMATH HOUSE, UNNIKULAM, UNNIKULAM VILLAGE, EKAROOL DESOM, THAMARASSERY TALUK, KOZHIKODE, PIN – 673574.

2 MUHAMMED ISMAYIL MAKKI, AGED 43 YEARS S/O.MOIDEEN HAJI, ANAPARAKKAL HOUSE, P.O.UNNIKULAM, UNNIKULAM VILLAGE, KANTHAPURAM DESOM, THAMARASSERY TALUK, KOZHIKODE, PIN – 673574.

3 SUBAIDA, W/O.MUHAMMED, THALAKKOTTU HOUSE, PANNIKKOTTUR AMSOM, PALANGADU DESOM, THAMARASSERY TALUK, KOZHIKODE, PIN – 673572.

4 SAHEER, S/O. MUHAMMED, THALAKKOTTU HOUSE, PANNIKKOTTUR AMSOM, PALANGADU DESOM, THAMARASSERY TALUK, KOZHIKODE, PIN – 673572.

5 THOUSIF,S/O. MUHAMMED, THALAKKOTTU HOUSE, PANNIKKOTTUR AMSOM, PALANGADU DESOM, THAMARASSERY TALUK, KOZHIKODE, PIN – 673572.

6 * KOYAKUTTY, THALAKKOTTU HOUSE, PANNIKKOTTUR AMSOM, PALANGADU DESOM, THAMARASSERY TALUK, KOZHIKODE,PIN – 673572. (DELETED)

7 SURESH KUMAR,AGED 47 YEARS, S/O. KUTTIYAPPU, KARTHIKA, KIZHAKKEKARATTIL PARAMBA, P.O.

CHEVARAMBALAM, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN – 673017.

8 JAYAPRAKASH, AGED 47 YEARS, S/O.KUTTIYAPPU, KARTHIKA, KIZHAKKEKARATTIL PARAMBA, P.O. CHEVARAMBALAM, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN – 673017.

* (THE SIXTH RESPONDENT (R6) IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER VIDE ORDER DATED 25.11.2022 IN I.A.NO.1/2022)

R1 BY ADVS.K.P.SUDHEER J.RAMKUMAR(K/376/2013)

R2 SUDHISH M.MANJU(K/003562/1999)

R3 RAJESH V.NAIR THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON

14.01.2025, BV THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“C.R.”

JUDGMENT

The order directing the joint trial of three suits by the trial court is under challenge at the instance of the plaintiff in one of the suits, who is the defendant in another suit. The petitioner is defendant No.2 in O.S.No.30/2020 on the file of the Munsiff’s Court, Koyilandy. Respondent No.1 is the plaintiff in the suit. The petitioner instituted O.S.No.143 of 2017 seeking an order of permanent injunction in respect of the plaint schedule property therein against respondent No.1. The petitioner claims that himself, his wife and children have right over the plaint schedule property. They traced their title through registered deed Nos.89/1991 and 2791/1985. Defendant No.1 in O.S.No.30/2020 filed another suit as O.S.No.147/2017 against respondent No.1. He also seeks a permanent prohibitory injunction against respondent No.1. It was when O.S.No.143/2017 was ripe for trial respondent No.1 instituted O.S.No.30/2020 to declare that he is the owner of the property to which the properties scheduled in O.S.Nos.143 and 147 of 2017 form part. Respondent No.1 thereafter filed I.A.No.13/2021 in O.S.No.30/2020 seeking joint trial of the said case along with O.S.Nos.143 and 147 of 2017. The trial Court allowed joint trial, holding that some issues and evidence to be let in are common. The court also held that separate trials may lead to duplication of evidence.

2. I have heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. The learned counsel for the petitioner submitted that the joint trial of O.S.Nos.143 and 147 of 2017 along with O.S.No.30/2020 will cause prejudice to the petitioner. It is further submitted that since O.S.No.143 of 2017 is a suit for injunction simpliciter wherein the possession of the property by the parties alone is the subject matter to be decided, there is no need to consolidate this case with O.S.No.30/2020 wherein respondent