IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 Tr.P(C).No. 156 of 2009 --------------------------------- OS.NO.60/2007 OF SUB COURT, PAYYANNUR .................... PETITIONERS/DEFENDANTS IN O.S. 490/07 OF THE SUB COURT ERNAKULAM AND O.S. 60/07 OF THE SUB COURT, PAYYANNUR: ---------------------------------------------------------------------------------------------------------------- 1. M.GOPALAKRISHNAN, S/O.LATE NARAYANAKURUP, AGED 60 YEARS, MANACKAPARAMBIL HOUSE, AZAD ROAD, KALOOR, KOCHI-17. 2. K.K.SYAM, S/O.T.K.KARUNAKARAN, AGED 58 YEARS, KOOTHAPPILLIL HOUSE, PONNURUNNI, VYTTILA, KOCHI-19. 3. M/S. GOPAN & SYAM, CHARTERED ACCOUNTANTS, 40/482, LAYAM ROAD, KOCHI-16, REPRESENTED BY ITS PARTNER. BY ADV. MR.V.V.SIDHARTHAN. RESPONDENT NO.1/PLAINTIFF IN O.S.490/07 BEFORE THE SUB COURT, ERNAKULAM/ RESPONDENT NO.2/PLAINTIFF IN O.S.60/07 BEFORE THE SUB COURT, PAYYANNUR: --------------------------------------------------------------------------------------------------------------- 1. PRATHAP P.M., S/O.MADHAVAN, CHITTETHU HOUSE, ELAMKULAM, ERNAKULAM DISTRICT. 2. T.G.GOPINATHAN, S/O.GOPALAN, AGED 53 YEARS, THARAKANARU PARAMBIL HOUSE, ALAKODE AMSOM,ARANGOM DESOM, THALIPARAMBU TALUK, KANNUR DISTRICT. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- Tr.P.(C).No.156 of 2009 --------------------------------- Dated this the 5th day of June, 2009 O R D E R The above transfer petition is filed seeking for transfer of O.S.No.60/2007 on the file of Sub Court, Payyannur to the Principal Sub Court, Ernakulam for joint trial with another case pending before that court as O.S.No.490/2007. Petitioners 1 and 2 are the defendants in O.S.No.490/2007 of the Sub Court, Ernakulam and all the petitioners are the defendants in O.S.No.60/2007 on the file of the Sub Court, Payyannur. First respondent is the plaintiff in O.S.No.490/2007 of the Sub Court, Ernakulam and the 2nd respondent, the plaintiff in O.S.No.60/2007 of Sub Court, Payyannur. Petitioners/defendants have raised common defence in both the suits and in the nature of the disputes arising for adjudication in two suits a joint trial of them is absolutely essential is the plea canvassed for the transfer sought for as indicated above. 2. I heard the counsel for the petitioners. Tr.P.(C).No.156 of 2009 2 3. From the submissions made, it appears, one of the case has already been included in the special list for trial. At this stage, I find it is not proper or correct to direct transfer of one suit to the other court for joint trial as desired by the petitioners. I do not find any exceptional circumstance justifying the grant of the relief claimed in the petition. The transfer petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-