IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Tr.P(C).No. 174 of 2009() -------------------------------- AS.72/2007 of ADDL.DISTRICT COURT, KOZHIKODE .................... PETITIONER(S): ----------------------- THAMARAKULATH ILLATH SANKARAN NAMBOOTHIRI, RESIDING AT THAZHEKKOD VILLAGE IN THAZHEKKOD AMSOM AND DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADV. SMT.SHAHNA KARTHIKEYAN RESPONDENT(S): -------------------------- 1. THAMARASSERI DON BOSCO SOCIETY, A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT XXI OF 1860 AND SL.NO.216 OF 1989, HAVING ITS PRINCIPAL PLACE OF BUSINESS AND OFFICE SITUATED AT MAMPETTA, MUKKAM IN KOZHIKODE TALUK, KOZHIKODE DT. AND REP.BY ITS SECRETARY. 2. A.ABDU RAHIM, RESIDING AT CHANDANA PARAMBA, THAZHEKKOD AMSOM AND DESOM OF KOZHIKODE TALUK, KOZHIKODE DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).No.174 OF 2009 () ----------------------------------- Dated this the 18th day of August, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Two suits O.S.Nos.332 of 2001 and 333 of 2001 were jointly tried and disposed by the Sub Court, Kozhikode by a common judgment dated 20.12.2006. Petitioner is the defendant in one among the suits, O.S.No.333 of 2001. Against the decision passed in that suit, he has preferred an appeal as A.S.No.72 of 2007 before the District Court, Kozhikode. The defendant in O.S.No.332 of 2001, the 2nd respondent in the present writ petition, has preferred an appeal as R.F.A.No.300 of 2007 before this Court. Since both appeals A.S.No.72 of 2007 on the file of the District Court, Kozhikode and R.F.A.No.300 of 2007 before this Court arise from a common judgment, this petition has been filed for transfer of A.S.No.72 of 2007 from the District Court, Kozhikode to this Court. 2. Notice of the application was ordered to the TPC.174/09 2 respondents. In addition, petitioner was directed to serve notice to the counsel appearing for the respondents in the court below. A memo has been filed that such notice has been served, but, there is no representation for the respondents. 3. I heard the counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find that since both appeals arise from a common judgment, it is necessary in the interest of justice to call for A.S.No.72 of 2007 on the file of the District Court, Kozhikode to this Court, where R.F.A.No.300 of 2007 filed from the same judgment is pending consideration, and it is ordered accordingly. The District Judge, Kozhikode is directed to transmit the records in A.S.No.72 of 2007 to this Court without delay. S.S.SATHEESACHANDRAN JUDGE prp TPC.174/09 3