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2016 Supreme(Online)(KER) 19751

HIGH COURT OF KERALA
K.RAMAKRISHNAN, J
A KRISHNA SHENOY – Appellant
Versus
GANGA DEVI G – Respondent


ORDER

This petition has been filed by the petitioner challenging Ext.P4 order passed by the court below under Article 227 of the Constitution of India.

2. It is alleged in the petition that the petitioner is the first defendant in O.S.47/2014 pending before the Sub Court, Kochi. That suit was filed by the respondents 1 and 2 as plaintiffs for partition of the properties and allotment of their share. Another suit O.S.205/1994 was filed by respondents 3 to 17 against the petitioner and his mother late Kamala Bai for partition and that was pending before the same court. The petitioner herein is the defendant therein and all the parties in O.S.47/2014 are parties therein, the properties are the same. When O.S.47/2014 was listed for trial on 10.03.2016 respondents 1 and 2 filed I.A.225/2016 in O.S.47/2014 under Section 10 of the Code of Civil Procedure stayed the proceedings in O.S.47/2014 and the court below adjourned the proceedings in O.S.47/2014. The petition filed as I.A.225/2016 is produced and marked as Ext.P1. The proceedings in the suit was adjourned for the reason that I.A.390/2015 in O.S.205/1994 filed by respondents 1 and 2 for passing supplementary preliminary decree was pen

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