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Judgment
Thomas P. Joseph, J.—Notice to Respondents is dispensed with in view of the decision I propose to take.
Petitioners are Defendants 1, 3 and 4 in O.S. No. 92 of 2008 of the court of leaned Sub Judge, Kochi. That is a suit filed by the Respondents-Plaintiffs for recovery of possession of the suit property and for damages for unlawful use and occupation. Petitioners filed written statement with I.A. No. 1555 of 2008 for stay of the suit u/s 10 of the CPC contending that settlement deed No. 1545 of 1997 under which predecessor-in-interest of Respondents claim to have acquired title is sought to be set aside and partition of the property sought in O.S. No. 20 of 2002 pending consideration in this Court in RFA 290 of 2008. Petitioners prayed that trial of O.S. No. 92 of 2008 is to be stayed until the RFA where validity of the settlement deed relied on by the Respondents is under challenge, is disposed of. Grievance of Petitioners is that No. order has been passed on I.A. No. 1555 of 2008 and in the meantime O.S. No. 92 of 2008 is posted for trial in the list on 06.08.2011. Petitioners filed I.A. No. 794 of 2011 to advance hearing of I.A. No. 1555 of 2008 but No. order was passed on the said application as well, it is contended. Hence this Petition for a direction to the learned Sub Judge to dispose of I.A. No. 1555 of 2008.
Having regard to the contentions raised, it is necessary that learned Sub Judge passed appropriate orders as the facts and circumstances warranted, on I.A. No. 1555 of 2008 before the suit is taken up for trial in the list. Hence the learned Sub Judge, Kochi is directed to dispose of the I.A. No. 1555 of 2008 by advancing hearing of that application with notice to the Respondents as well before the suit is taken up for trial on 06.08.2011.
Original Petition is disposed of with the above direction.