IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 Tr.P(C).No. 11 of 2009() ------------------------ O.S.464/2006 & OS.190/2008 of MUNSIFF COURT,ALUVA IN O.S.NO.463/3008 OF SUB COURT I, NORTH PARAVUR. .................... PETITIONER: --------------------- LAISHA, W/O.JOJI.,CHITTOOPPARAMBIL HOUSE, KOODALAPADU KARA, KOOVAPADY VILLAGE, KUNNATHUNADU TALUK. BY ADVS. MR.M.SHAJU PURUSHOTHAMAN, MR.K.S.RAJEESH. RESPONDENT(S): --------------------------- 1. MARIYAM, W/O. THOMA, MADAN HOUSE, MANJAPRA VILLAGE, MANJAPRA KARA, ALUVA TALUK. 2. ANIE, D/O.THOMA, MADAN HOUSE, MANJAPRA VILLAGE,MANJAPRA KARA, ALUVA TALUK. 3. ALPHONSA, D/O.THOMA, MADAN HOUSE, MANJAPRA VILLAGE,MANJAPRA KARA, ALUVA TALUK. 4. PHILOMINA, W/O.KALLOOKKARAN ANTONY,KAMPANYPADI BHAGOM, MANJAPRA KARA, MANJAPRA VILLAGE,ALUVA TALUK. Kss .2/- ...2.... TPC.NO.11/2009 5. KOCHUTHREASIA, W/O.PAPPACHAN, PARAKKAL VEEDU, PANTHAKKAL KARA, KARUKUTTY VILLAGE. ALUVA TALUK. 6. ELSY, W/O.CHACKO, CHIRAYATH HOUSE, THOTTUVA KARA, KOOVAPADY VILLAGE, KUNNATHUNADU TALUK. 7. JESSY, W/O.JOSE, THEKKEN VEEDU, KUTTIPPUZHA KARA, KUNNUKARA VILLAGE, PARAVUR TALUK. 8. BEENA, W/O.SEBASTIAN, VELLAYIL HOUSE, MUPPATHADOM KARA, KADUNGALLOOR VILLAGE, PARAVUR TALUK. R1 TO R5 BY ADVS. MR.SURESH K.SREEDHAR (ATHANI), MR.SHANLY SEBASTIAN. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2009 ALONG WITH TPC NO. 24 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).Nos.11 OF 2009 AND 24 OF 2009 -------------------------------------- Dated this the 10th day of August 2009 ------------------------------------- O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is the plaintiff in O.S No. 464 of 2006 on the file of the Munsiff Court, Aluva. Suit is one for partition. Her two sisters, the respondents 6 and 7 in the petition have filed another suit for partition in respect of the very same subject matter covered by the previous suit before the Sub Court, North Paravur. The first respondent in the petition is the mother of the petitioner and other respondents in the petition. She has filed a suit for perpetual prohibitory injunction in respect of one of the items covered by the two suits wherein the petitioner and her two Tr.P.(C).Nos.11 Page numbers AND 24 OF 2009 sisters, 6th and 7th respondents are defendants. Petitioner seeks for transfer of O.S No.464 of 2006 and O.S No.190 of 2008 from the Munsiff Court, Aluva to Sub Court, North Paravur where O.S No. 463 of 2008 is pending. 2. Notice being given, respondents 1 to 5 entered appearance through counsel. The application for transfer is opposed . The learned counsel for the petitioner submits that the first respondent is too old and two of her children, second and third respondents suffer from serious physical disabilities. On the other hand the learned counsel for the petitioner submits that since the disputes involved in all the three suits are so interconnected, it will be advantageous and more convenient for the parties to have the trial of all the suits in the same court. Having regard to the submissions made and taking note of the facts and Tr.P.(C).Nos.11 Page numbers AND 24 OF 2009 circumstances presented, I find that since the disputes arising for adjudication are common and interconnected, it is absolutely essential that the suits be tried by the same court which otherwise may lead to conflicting decisions. Trial of the suits by the same court will be convenient to the parties by which they can lead evidence in common if the suits are jointly tried. Subject matter involved in the suits from the submissions made is shown to be common and the question to be resolved is also the same. The learned counsel for the respondents 1 to 5 sought for transfer of the case pending before the Sub Court, North Paravur to the Munsiff Court, Aluva to avoid inconvenience to the aged first respondent. That course is practically impossible. A case pending before a superior court cannot be transferred to an inferior court. The only course possible is transfer of O.S No.464 of 2006 and O.S No. 190 of 2008 to the Sub Court, Tr.P.(C).Nos.11 Page numbers AND 24 OF 2009 North Paravur. The learned Sub Judge on receipt of the records of the case shall consider possibility of joint trial of the cases. Learned Munsiff, Aluva is directed to transfer the records of O.S No.464 of 2006 and O.S No.190 of 2008 to Sub Court, North Paravur without delay. Petition is disposed as directed above. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv