IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Tr.P(C).No. 57 of 2008() ------------------------ OS.751/2007 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONERS: ---------------- 1. AYSHA BAIJU, W/O. BAIJU, VAZHAPARAMBIL HOUSE, NEAR BUS STAND, T.B.ROAD, KOTTAYAM. 2. KRISHNAKUMAR, S/O.V.N.BAIJU KUMAR, VAZHAPARAMBIL HOUSE, NEAR BUS STAND, T.B.ROAD, KOTTAYAM. 3. GOPAKUMAR, S/O. V.N.BAIJU KUMAR, VAZHAPARAMBIL HOUSE, NEAR BUS STAND, T.B.ROAD, KOTTAYAM. (MINOR REPRESENTED BY THE LEGAL GUARDIAN AND NEXT FRIEND MRS.AYISHA BAIJU). BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA RESPONDENTS: ---------------- 1. M/S. NIMESH AND COMPANY, T.C.38/718, MARAKKADA ROAD, THIRUVANANTHAPURAM, REPRESENTED BY ITS PARTNERS THE RESPONDENT 2 TO 4. 2. RENUKA DHIRAJLAL, W/O. DHIRAJLAL BHAMMER, 6-B COTTON HILL HEIGHTS FLATS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. RUPAL ANIRUDHA BHAMMER, W/O. ANIRUDH BHAMMER,NOW RESIDING AT PAREKH MARINE VENUS-215/218, 2ND FLOOR, OPP: CRICKET BANGLOW, JAMNAGAR-36001, GUJARAT. 4. AMITABEN GAJENDRA KUMAR, W/O. GAJENDRA KUMAR, GAJENDRAN THRIBUVANDAS AND COMPANY NOW RESIDING AT TAKEDARPARA, BALANGIR P.O. ORISSA-767001. Tr.P(C).No. 57 of 2008() 2 5. V.N. ROY KUMAR AND COMPANY, VAHAPARAMBIL HOUSE, NEAR BUS STAND, T.B.ROAD, KOTTAYAM. 6. K.K. BHARTHI, VAZHAPARAMBIL HOUSE, NEAR BUS STAND, T.B.ROAD, KOTTAYAM, PARTNER, M/S. V.N.ROY KUMAR & COMPANY. 7. M.V. JOLLY, VAZHAPARAMBIL HOUSE, NEAR BUS STAND, T.B.ROAD, KOTTAYAM, PARTNER, M/S. V.N.ROY KUMAR & COMPANY. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- Tr.P.(C).No.57 of 2008 ------------------------------------------- Dated this the 3rd day of March, 2008 ORDER This transfer petition is preferred with a prayer to transfer O.S.No.751/07 pending before the Principal Sub Court, Thiruvananthapuram to the Sub Ordinate Judges Court, Kottayam. 2. It is submitted that the petitioners are the permanent residents of the Kottayam District and she has to look after aged parents and two children. The property attached is also situated at Kottayam and therefore, taking into consideration of these aspects a prayer for transfer is made. There is no case for the transfer petitioners that Thiruvananthapuram Sub Court has no jurisdiction to try the case. The Civil Procedure Code has specifically prescribed a form for litigation and unless there are compelling grounds as enumerated under Section 24 of the Civil Procedure Code, the court shall not exercise the power to transfer the case. The grounds suggested are only personal, TR.P(C) No..57/2008 2 taking care of the interest of the petitioners alone and that shall not be a guiding factor for effecting transfer of the civil case. Therefore, I decline jurisdiction and dismiss the transfer petition. M.N.KRISHNAN, JUDGE csl