IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4560 of 2009(P) ------------------------- OPTP.22/2009 of DISTRICT COURT,TRIVANDRUM .................... PETITIONER(S): --------------- THE THIRUVANANTHAPURAM AYURVEDA OUSHADA NIRMALA VYAVASAYA CO-OPERATIVE SOCIETY LTD.NO.5, IND(T),254,KANNETTUMUKK,THYCAUD VILLAGE, THIRUVANANTHAPURAM,REP; BY ITS HONORARY SECRETARY C.D.LEENA, D/O.DAKSHY. BY ADV. SRI.M.RAMACHANDRAN NAIR RESPONDENT(S): --------------- 1. NIRMALA DEVI, D/O.BHAGEERATHI AMMA, HOUSE WIFE, AGED 82 YRS,RESIDING AT TC/41/1728, NEW TC24/1515(1),GOWRI PRASATHAM,THYCAUD, THIRUVANANTHAPURAM, ALSO HAVING SUTE NO.11, 2,PRICE LEAN, CALCUTTA-700072. 2. ARUN GURUKKAL, S/O.LATE M.G.GURUKKAL, AGED 55 YRS,R/AT TC/41/1728,NEW TC 24/1515(1), GOWRI PRASATHAM, THYCAUD, THIRUVANANTHAPURAM,ALSO HAVING SUTE NO.11,2,PRICE LEAN CALCUTTA 700072, REP;BY HIS P/A HOLDER THE 1ST DEFENDANT NIRMALA DEVI,D/O.BHAGEERATHI AMMA,HOUSE WIFE,82,..DO..DO.. 3. MALA GURUKKAL @ MALA ROY,D/O.NIRMALA DEVI,AGED ABOUT 42 YRS,GANESH CHANDRA AVENUE, CALCUTTA-700013.(REPRESENTED BY HER POWER OF ATTORNEY HOLDER,THE 1ST DEFENDANT OF DO. DO.). 4. RAJ GURUKKAL, S/O.LATE M.C.GURUKKAL, AGED 52 YRS, GOWRI PRASATHAM,THYCAUD, THIRUVANANTHAPURAM-695014. 5. MALLIKA GURUKKAL (MALLIKA KUMAR), D/O.NIRMALA DEVI,46,GOWRI PRASATHAM,THYCAUD, THIRUVANANTHAPURAM-695014,(REP;BY HER P/A HOLDER 1ST DEFENDANT NIRMALA DEVI,D/O.BHAGEERATHI AMMA, HOUSE WIFE, 82 YRS,R/A TC 41/1728,NEW TC24/1515(1) THYCAUD,THIRUVANANTHAPURAM, ALSO HAVING SUTE NO.11,2,PRICE LEAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.4560 of 2009 --------------------------------------------- Dated this the 11th day of February, 2009 JUDGMENT The petitioner is the plaintiff in O.S.No.310/06 on the file of the court of the I Additional Subordinate Judge, Thiruvananthapuram. He filed O.P.(T.P)No.22/09 on the file of the court of the District Judge, Thiruvananthapuram seeking transfer of the suit from the I Additional Sub Court to the II Additional Sub Court or to the Principal Sub Court. The reason stated by the petitioner for transferring the suit is that the learned Subordinate Judge has made certain observations while disposing of the application for temporary injunction and that if the same Subordinate Judge is to dispose of the suit, the petitioner would not get justice. The order in the application for temporary injunction was passed on 8th July 2008. The petitioner filed F.A.O.No.217/08. A Division Bench of this Court disposed of F.A.O.No.217/08 on 16th October 2008 directing the trial court (I Additional Sub Court, Thiruvananthapuram) to dispose of the suit within a period of six months. It was made clear in WPC No.4560/2009 2 the order of the Division Bench that the suit shall be disposed of untramelled by the observations and findings made in the order while disposing of the application for temporary injunction. 2. The learned District Judge, before whom the Transfer Petition was filed, held that the reason stated by the petitioner is not a ground for transfer of the case. It was also noticed by the learned District Judge that another suit filed by one Girikumaran Nair as O.S.No.269/06 before the II Additional Sub Court, Thiruvananthapuram in which the petitioner herein is the sixth defendant was ordered to be tried and disposed of by the I Additional Sub Court, as per the order in O.P.(TP) No.15/09. The learned District Judge did not think it fit to transfer O.S.No.310/06 pending before the I Additional Sub Court to the II Additional Sub Court. On the other hand, O.S.No.269/06 pending before the II Additional Sub Court was transferred to the I Additional Sub Court where O.S.No.310/06 filed by the petitioner is pending. The order in O.P.(T.P) No.15/09 is not under challenge in this Writ Petition. 3. The learned counsel for the petitioner submitted that after the disposal F.A.O.No.217/08, the learned Subordinate WPC No.4560/2009 3 Judge did not afford an opportunity to the petitioner/plaintiff to take pre-trial steps and the suit was listed for trial to 28.1.2009. It is submitted by the counsel that in view of the pendency of the Transfer Petition, the suit was not taken up on 28.1.2009 and it was adjourned to 10.2.2009. Subsequently, the case was adjourned to 11.2.2009 and thereafter to 16.2.2009. The apprehension of the petitioner is that the suit will be tried and disposed of without affording an opportunity to the petitioner to apply for the appointment of a Commissioner. 4. In this Writ Petition, I am considering only the question whether the learned District Judge was right in rejecting the prayer for transfer of the case. The reasons stated by the learned District Judge to reject the prayer made by the petitioner are legal and proper. I am also of the view that the reason stated by the petitioner for seeking transfer is not sufficient for passing an order transferring a suit from one court to the other. At the time of disposal of an interlocutory application, a presiding officer may make observations in respect of the merits of the case in the order. That does not mean that the suit will be disposed of by him against the party in respect of WPC No.4560/2009 4 whom such observations were made. Disposal of the interlocutory application in one way or other would not normally cause any prejudice to the parties in the matter of final disposal of the suit. Moreover, while disposing of the appeal F.A.ONo.217/08, a Division Bench of this Court has made it clear that the trial court shall dispose of the suit untrammelled by the observations contained in the interlocutory order. Therefore, the petitioner need not entertain any apprehension that the learned Subordinate Judge would be influenced by the observations made by him in the order passed in the temporary injunction application. The Writ Petition lacks merit and it is accordingly dismissed. K.T.SANKARAN, JUDGE csl