Kerala High Court
Daly Dhayarish vs Syamala on 11 March, 2026
Author: T.R. Ravi
Bench: T.R.Ravi
2026:KER:21860
OP(C) NO. 1705 OF 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 11TH DAY OF MARCH 2026 / 20TH PHALGUNA, 1947
OP(C) NO. 1705 OF 2018
ORDER IN I.A.NO.596/2018 IN OS NO.143 OF 2010 OF
MUNSIFF COURT, ATTINGAL
PETITIONER/1ST DEFENDANT:
DALY DHAYARISH
AGED 38, D/O GOPI,
VAYALIL VEEDU,
VILAYILMOOLA, KOONTHALLOOR,
CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695304.
BY ADV SHRI.M.DINESH
RESPONDENTS/PLAINTIFF & 2ND DEFENDANT:
1 SYAMALA
AGED 65, D/O BHAVANI,
NARAYANI SADANAM, VILAYILMOOLA,
KOONTHALLOOR, CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT-695304.
2 CHANDRASENAN
AGED 61, S/O SUVARNNA,
VILAYILMOOA, KONTHALLOOR,
CHIRAYINKIL TALUK,
THIRUVANANTHAPURAM DISTRICT-695304.
BY ADVS.
SRI.DINESH THANKAPPAN
SMT.R.REJI (ATTINGAL)
2026:KER:21860
OP(C) NO. 1705 OF 2018
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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 11.03.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2026:KER:21860
OP(C) NO. 1705 OF 2018
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T.R. RAVI, J.
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O.P.(C). No.1705 of 2018
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Dated this the 11th day of March, 2026
JUDGMENT
The original petition has been filed challenging an order whereby the joint trial request has been rejected. The two suits have been filed by the parties against each other, one for injunction and the other for declaration of title. The properties involved are the same and the parties are also the same. Since there is a comprehensive suit on title it is only appropriate that the suit for injunction is also heard together.
In the above circumstances, this original petition is allowed. The order in I.A.No.596/2018 in O.S.No.143/2010 of Munsiff Court, Attingal is set aside. The joint trial petition stands allowed. The suit shall be tried and disposed of, at the earliest, at any rate within nine months from the date of receipt of a certified copy of this judgment.
Sd/-
T.R. RAVI JUDGE Pn 2026:KER:21860 OP(C) NO. 1705 OF 2018 4 APPENDIX OF OP(C) NO. 1705 OF 2018 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S NO.143/2010 DATED 11.1.2016 OF THE MUNSIFFS COURT, ATTINGAL.
EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S NO.167/2010 BEFORE THE MUNSIFF'S COURT, ATTINGAL DATED 8.4.2010.
EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S NO.509/2017 ON THE FILE OF MUNSIFF'S COURT, ATTINGAL DATED 27.11.2017. EXHIBIT P4 TRUE COPY OF THE I.A NO.596/2018 IN O.S NO.143/2010 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL DATED 5.3.2018. EXHIBIT P5 TRUE COPY OF THE ORDER IN I.A NO.596/2010 IN O.S NO.143/2010 ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL, DATED 14.6.2018.