IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 CRP.No. 1950 of 2002(B) ---------------------- OS.243/1998 of II ADDL.SUB COURT, ERNAKULAM .................... REVN. PETITIONER/PLAINTIFF --------------------------- K.VENUGOPAL, AGED 71, SON OF LATE NARAYANAN NAMBOODIRI, VENGODI HOUSE, CHITTOOR, PALAKKAD DISTRICT. BY ADV. SRI.T.K.VENUGOPALAN SRI.SHIBU JOSEPH RESPONDENTS/DEFENDANTS ----------------------- 1. UNION BANK OF INDIA, CONVENT JUNCTION ROAD BRANCH, ERNAKULAM, KOCHI-11, REPRESENTED BY ITS BRANCH MANAGER. 2. P.RADHAKRISHNAN, PROPRIETOR, INDUSTRIAL AND ENGINEERING STEEL COMPANY, 88, RACE COURSE ROAD, COIMBATORE, TAMIL NADU. 3. P.PADMAKUMAR, PARTNER, SUDHARSHAN STEEL COMPANY, 88, RACE COURSE ROAD, COIMBATORE, TAMIL NADU. R1 BY ADV. SRI.A.V.THOMAS R2 BY ADV. SRI.AJU MATHEW SRI.MATHEW B. KURIAN SRI.K.T.THOMAS THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 1950 OF 2002 = = = = = = = = = = = = = = = Dated this the 7th day of March, 2008. O R D E R This revision petition is preferred against the order of Subordinate Judge, Ernakulam in O.S.243/98. The prayer in the suit is for a declaration that the plaintiff has been totally and absolutely discharged of the liability to pay the debt under the decree in O.S.109/86 of the Subordinate Judge's Court, Ottapalam and that the plaint schedule properties are offered as collateral security to the first defendant, are not liable to be proceeded against by the first defendant, Bank. The very jurisdiction of the Court to entertain the matter was raised for want of territorial jurisdiction. The Court below on a consideration of the materials found that the relief which is sought in the case is with respect to the immovable property that is situated in Ottapalam and the only factor was that the execution of the decree was transferred to the Ernakulam Court. So since the subject matter of the suit is situated within the territorial jurisdiction of the Ottapalam Subordinate CRP 1950 /02 Judge's Court held that the plaint has to be returned to be filed before the Subordinate Judge's Court, Ottappalam for further proceedings. I do not find any irregularity committed by the Court below in returning the plaint for presentation before the Subordinate Judge's Court, Ottapalam. Since the matter has been pending in this Court if the plaintiff so wants I permit them to represent the plaint before the Ottapalam Subordinate Judge's Court within a period of one month from today. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/- CRP 1950 /02 M.N. KRISHNAN, J. = = = = = = = = = = C.R.P. No.1950 OF 2002 = = = = = = = = = = = O R D E R 7th March, 2008.