IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 WP(C).No. 4948 of 2009(L) ------------------------- OS.5/2008 of SUB COURT, MAVELIKKARA .................... PETITIONER(S): --------------- 1. THANKACHAN THOMAS, AGED 52, S/O. MATHEW THOMAS, 407, STOCK PRESTIGE, ST. JOHN'S WOOD APARTMENT, CHEOK ADUGODI, BANGALORE -29. 2. SHINY JOHNSON, W/O. JOHNSON DAVID, EDAYILE HOUSE, VETTIYAR MURI, MAVELIKKARA. 3. JESSY JOSE, W/O. JOSE DA NIEL, OF DO. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE GOOD SAMARITAN CHARITABLE TRUST, NOORANAD, REPRESENTED BY ITS CHAIRMAN DR. JOSE, KOSHY GEORGE, MUTTATHAKALAYIL BETHEL, CHERUMUKHA, NOORANAD. 2. SAMUEL, S/O.OOMMEN PEEDIKAYIL PUTHENPURAYIL VETTIYAR MURI, MAVELIKKARA. 3. JOHNSON, DAVID, S/O. MAMMEN DAVI, DAAYILE HOUSE, VETTIYAR MURI, MAVELIKKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.4948 of 2009 --------------------------------------------- Dated this the 13th day of February, 2009 JUDGMENT The petitioners are defendants in O.S.No.147/08 on the file of the court of the Munsiff of Mavelikara in which the first respondent is the plaintiff. O.S.No.5/08 on the file of the Sub Court, Mavelikara is a suit filed by the first respondent against the second respondent and certain others. Both the suits are pending. It is stated that the petitioners filed an application to get themselves impleaded in O.S.No.5/08. That application is also pending. The petitioners filed O.P. Transfer No.73/08 to transfer the suit in the Munsiff's Court to the Sub Court. Ext.P3 is the copy of the Transfer Petition. 2. The District Court passed Ext.P4 order dated 21st October 2008 staying all further proceedings in O.S.No.147/08. Later, the learned District Judge modified the interim order dated 21st October 2008, by the order dated 4th February 2009 (Ext.P6). The learned District Judge thought that it is necessary to modify the interim order of stay and to restrict the stay to the actual trial of the suit. Accordingly, Ext.P6 order was passed taking the view that the trial court is free to consider the interlocutory applications WPC No.4948/2009 2 in O.S.No.147/08. Ext.P6 order is under challenge in this Writ Petition. 3. The reliefs prayed for in the Transfer Petition is for transfer of one suit to another court where the other suit is pending, to avoid conflicting decisions and to suit the general convenience of the parties. An application for transfer should not normally stand in the way of the court passing interlocutory orders in the suit sought to be transferred. The learned District Judge has passed Ext.P6 order to enable the court to deal with interlocutory applications in the suit sought to be transferred. The order is legal and valid. No interference is called for. 4. The other prayer in the Writ Petition is to direct the District Court Alappuzha to take a decision in O.P.Transfer Petition No.73/08 within a time frame. From Ext.P6, it is clear that the Transfer Petition is posted to 11.3.2009. The petitioner shall be free to move the District Court for an early hearing of the Transfer Petition. For that purpose the Writ Petition need not be entertained. Accordingly, the Writ Petition is dismissed. K.T.SANKARAN, JUDGE csl