IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 Tr.Appeal(C).No. 2 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN TPC.240/2007 Dated 14/12/2007 .................... : APPELLANT/PETITIONER ------------------------------------- RAMACHANDRAN NAIR, S/O.NANGU AMMA, AGED 72 YEARS, KIZHAKKEDATHUPUTHANPURAYIL HOUSE, IRAPURAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.PAUL MATHEW (PERUMPILLIL) SRI.P.V.SREENIJIN SMT.K.B.SONY SRI.PRASUN.S SRI.V.S.SURESH RESPONDENTS: RESPONDENT ----------------------- JOSEPH, S/O.VARKEY, AGED 65 YEARS, KAYYANICKAL HOUSE, IRAPURAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.GEORGE VARGHESE FOR R THIS TRANSFER APPEAL(CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA NO.309/2008 DISMISSED. 8/8/2008 SD/- P.R. RAMAN, JUDGE. SD/- T.R. RAMACHANDRAN NAIR, JUDGE. // TRUE COPY // P.S. TO JUDGE P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - T.A. (C) No.2 of 2008 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of August, 2008. JUDGMENT Raman, J. This is an appeal against a judgment of the learned Single Judge in Transfer Petition No.240/2007. The prayer in the Transfer Petition was to transfer O.S. No.323/2007 from the Munsiff's Court, Perumbavoor to the Sub Court, Perumbavoor for joint trial along with O.S.No. 183/2007. The suit before the Sub Court was filed by the respondent for a declaration and injunction. It was found that for the same relief the petitioner has filed a suit, O.S.No.323/2007 before the Munsiff's Court. It is also not in dispute that the issue to be decided in both the cases are one and the same. In O.S.No.183/2007 which is pending before the Sub Court, the parties have already entered appearance, filed written statement and adduced evidence. Further, the Sub Court is a superior court. Therefore, the learned Single Judge found that there is no case made out for transfer. 2. We have heard both sides. In addition to the reasons already stated by the learned Single Judge, there is another reason. It is in the Sub Court in which the suit filed first and only later a suit was filed in the Tr.A. 2/2008 -2- Munsiff's Court. If the very same issue has already arisen for consideration before the Sub Court, no prejudice will be caused to the appellant to adduce evidence on the relevant issue before a higher court. There is no reason for interference with the judgment of the learned Single Judge. In the circumstances, this appeal is dismissed. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/