IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 Tr.P(C).No. 18 of 2010() --------------------------------- OS.2160/2009 of MUNSIFF COURT,THRISSUR .................... PETITIONER ------------------ K. SAHADEVAN, AGED 50 YEARS, S/O. CHATHUKUTTY, PROPRIETOR, M/S.DEVANS MEDICALS, PAVANGAD, KOZHIKODE. BY ADV. MR.G.RAJAGOPAL, SMT.N.RENJINEE DEVI. RESPONDENT(S): ------------------------- 1. ROSHAN MUHAMMED, AGED 42 YEARS, S/O. MUHAMMED, ALUMPARAMBIL HOUSE, P.O.KOTTAPADI, THRISSUR DISTRICT. 2. ALL KERALA CHEMISTS & DRUGGISTS ASSOCIATION, A SOCIETY REGISTERED UNDER ACT XII OF 1955 WITH REG.NO.ER-21 OF 1973, HAVING ITS REGISTERED OFFICE AT CHEMISTS BHAVAN, CHAVARA CENTRE ROAD, KOCHI-682 016, REP. BY ITS GENERAL SECRETARY K.SHIVASANKARAN. 3. A.N. MOHANAN @ A.N. MOHANA KURUP, AGED 57 YEARS, S/O. NARAYANA PILLAI, M/S. POONAM MEDICALS, MANNATH LANE, THRISSUR-1. 4. K. SIVASANKARAN, AGED 50 YEARS, S/O. C. SANKARANKUTTY NAIR, RESIDING AT CHERUVARA HOUSE, MUKKATTUKARA, TRICHUR DISTRICT. 5. M. ABDU RAHIMAN, AGED ABOUT 51 YEARS, S/O. AHAMEDKUTTY, M/S.ASEEKA MEDICALS, AIRPORT ROAD, RAMANATTUKARA P.O., KOZHIKODE. 6. THOMAS SEBASTIAN, AGED ABOUT 50 YEARS, S/O. SEBASTIAN, M/S. JOLLY MEDICALS, KATTAPPANA P.O., IDUKKI DISTRICT. 7. D.MADHUSOODANAN, AGED ABOUT 60 YEARS, S/O. DIVAKARAN, M/S. JANATHA MEDICALS, KADAKKAL P.O., KOLLAM. Tr.P(C).No. 18 of 2010 8. M.M. ABOOBACKER, AGED ABOUT 42 YEARS, S/O. MUHAMMED, M/S. MANNUR MEDICALS, MANNUR P.O., KOZHIKODE-673 328. 9. SAIJU ABRAHAM, AGED 38 YEARS, S/O.K.J. ABRAHAM, M/S. TRAVANCORE PHARMA, 41/148-C, PULLICKKAL HOUSE, PULLEPADY ROAD, KOCHI-682 018. 10. SOMALAL SHAJI, AGED ABOUT 47 YEARS, S/O. KUTTAPPAN NAIR, M/S. ANJANA MEDICALS, NELLADU P.O., THIRUVALLA. 11. T. RAVEENDRAN, AGED ABOUT 48 YEARS, S/O. THANKAPPAN NAIR, M/S. D.T.ASSOCIATES, METTUPALAYAM STREET, PALAKKAD. 12. P. SATHEESAN, AGED 48 YEARS, S/O.PRABHAKARAN PILLAI, M/S. BHADRA MEDICALS, NEERATTUPURAM, ALLEPPEY. 13. M. SASIDHARAN, AGED 60 YEARS, S/O.MADHAVAN, M/S. J.J.MEDICALS, CHATHANOOR P.O., KOLLAM. 14. M.P. RAJESH KUMAR, AGED 35 YEARS, S/O. PADMANABHA PILLAI, M/S. GEO PHARMA, KARUVELIPADY, KOCHI-682 005. 15. M. RADHAKRISHNAN, AGED 61 YEARS, S/O. MADHAVAN, M/S. BABU BROTHERS, M.C.ROAD, KALADI P.O., ERNAKULAM, PIN-683 574. 16. JOJI VITHAYATHIL, AGED ABOUT 43 YEARS, S/O. JOSEPH, M/S. VITHAYATHIL MEDICALS, HIGH COURT JUNCTION, BANERJI ROAD, ERNAKULAM, PIN-682 031. 17. T.K. SOMAN, AGED 62 YEARS, S/O. THANDAN KUNJU, M/S. TEE KAY MEDICALS, KUTHIYATHODE P.O., CHERTHALA, ALLEPPEY DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ---------------------------------------- T.P.(C).No.18 OF 2010 -------------------------------- Dated this the 20th day of January 2010 ---------------------------------------------------------- ORDER Petition is for transfer filed under Section 24 of the Code of Civil Procedure. Petitioner is one among the defendants in O.S No.2160 of 2009 on the file of Munsiff Court, Thrissur. Suit is one for a declaration that the election of the office bearers of 2nd defendant Association is ab initio void, and for consequential reliefs. In respect of the very same relief canvassed, two suits are pending before the courts at Ernakulam is the ground canvassed for transfer of the above suit also to the Sub Court, Ernakulam. 2. Having heard the counsel at length and considering the statements made in the petition, I find, the petitioner can move an application under Section 10 of the Code of Civil Procedure before the Munsiff Court, Thrissur if an earlier suit in respect of the very same matter directly and substantially covering the issues involved between the parties is pending for trial in another court of competent jurisdiction. Reserving the right of the petitioner, but not expressing any opinion on the merits of such application, if so filed, the transfer petition is closed. Sd/- S.S.SATHEESACHANDRAN, //TRUE COPY// JUDGE vdv P.A TO JUDGE