By Sri. K. Gheevarghese, President:<br /> <br /> <br /> The complaint is in question of whether maintainable or not. The learned counsel appearing for the Opposite Party urged that the relief which are prayed in the complaint are the subject of the plaint in O S 197/06 filed before the Honorable Munsiff Court Sulthan Bathery. The learned counsel appearing for the Complainant did not object that contention raised by the Opposite Party's Counsel.<br /> <br /> Three documents, the attested photocopies, are filed by the Opposite party which are marked as Ext.B1 to B4 , Ext.B1 is the attested photocopy of the affidavit filed in the Honorable <br /> -2-<br /> <br /> Munsiff Court, Sulthan Bathery, Ext.B2 is the attested photocopy plaint in O.S 197/06, the Ext.B3<br /> is the photocopy attested of the higher purchase agreement. On perusal of documents, it is found that subsequent to the filing of this complaint the complainant has filed the suit in the Honorable Munsiff Court, Sulthan Bathery numbered O.S. 197/06. The Exts.B1 and B2 show that the suit is filed on 06.10.2006 before the Munsiff Court. The relief which are prayed in the suit and that are in the complaint are One and the same the suit filed by the Complainant in the Munsiff Court Sulthan Bathery is still pending. Being the reliefs prayed in the Complaint are derogatory to the reliefs prayed in the suit, this complaint is found not maintainable and dismissed accordingly.<br /> <br /> Pronounced in open Forum on this the 13th day August 2007.<br /> <br />