IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 TR.P(C).NO. 305 OF 2011() -------------------------------------- AS.170/2010 OF II ADDL.SUB COURT,ERNAKULAM .................... PETITIONER-APPELLANT: --------------------------------------- MR. V.M. RAVEENDRAN, S/O. MADHAVAN NAIR, AGED 52 YEARS, SALOON INTERNATIONAL, ROOM NO.16, C.C.50/624, GCDA SHOPPING COMPLEX, PANAPILLY NAGAR, KOCHI – 36. BY ADV. SRI.JIMMY GEORGE RESPONDENT – RESPONDENT: ------------------------------------------------ MR. P.K. VIJAYAN, S/O. KUTTY, AGED 69 YEARS, POTTAH (H), SREEHARI APARTMENTS, MANNATH LANE, THRISSUR. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C) NO.305 OF 2011 APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- ANNEXURE -1 A TRUE COPY OF A.S. NO.359 OF 2009 BY THE PETITIONER BEFORE THE HONOURABLE SECOND ADDITIONAL DISTRICT COURT, ERNAKULAM. ANNEXURE -2 A TRUE COPY OF THE A.S. NO.170 OF 2010 BY THE PETITIONER ON THE FILE OF SECOND ADDITIONAL SUB COURT, ERNKAULAM. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.305 of 2011 ==================================== Dated this the 05th day of September, 2011 O R D E R Petitioner filed O.S. No.109 of 2008 in the court of learned first Additional Munsiff, Ernakulam for injunction and against forcible eviction. Respondent filed O.S. No.956 of 2009 in the court of learned Principal Munsiff, Ernakulam for eviction. The suit filed by petitioner was dismissed and suit filed by the respondent was decreed. Both the judgments and decrees are under challenge in appeals. A.S. No.359 of 2009 arising from O.S. No.109 of 2008 is pending in the court of learned Second Additional District Judge, Ernakulam while A.S. No.170 of 2010 arising from O.S. No.956 of 2009 is pending in the court of learned Second Additional Sub Judge, Ernakulam. Petitioner wants consolidation of the said appeals. It is submitted that A.S. No.170 of 2010 is posted for hearing in the court of learned Second Additional Sub Judge, Ernakulam this day. 2. Consolidation of appeals as prayed for could be granted by the learned District Judge in an application under Section 24 of the Code of Civil Procedure. There is no reason why this Court Tr.P(C) No.305 of 2011 -: 2 :- should invoke the said provision at the first instance. If the petitioner is apprehensive of hearing and disposal of A.S. No.170 of 2010 it is open to the petitioner to request learned Sub Judge to adjourn hearing of that appeal on the ground that petitioner wants to move application for consolidation of the appeals before the learned District Judge. This Original Petition is disposed of subject to the above observation and without prejudice to that right of petitioner to move appropriate application before learned District Judge, Ernakulam for appropriate reliefs. THOMAS P. JOSEPH, JUDGE. vsv