IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(C).No. 26562 of 2009(O) --------------------------------- AGAINST THE ORDER DATED 08/07/2009 IN (TRANSFER) IN OP.890/2009 of DISTRICT COURT, ERNAKULAM OS.19/2002 of SUB COURT, MUVATTUPUZHA (IA. 184 /2002) .................... PETITIONER(S): ----------------------- 1. REV.FR.PHILIP VARGHESE, S/O.VARGHESE, AGED 38, VADAKKEPARAMBIL HOUSE, KUMARAKOM, KOTTAYAM DISTRICT. 2. FR.SLEEBA VATTAVELLIL, S/O.FR.POULOSE, AGED 43, VATTAVELLIL HOUSE, KOLENCHERRY P.O., THANNIKKARA. BY ADV. MR.M.CHATHUKUTTY NAMBIAR RESPONDENT(S): ------------------------ 1. ST.MARYS ORTHODOX CHURCH, ATTIMMKUNNU, KAKKOOR P.O., REPRESENTED BY ITS TRUSTEE RENJITH KUMAR.T. 2. K.S.VARGHESE, S/O.SEEMAN, AGED 63, KUNNUMMEL HOUSE, MANNATHOOR P.O., PAMPAKKUDA, MUVATTUPUZHA. 3. RENJITH KUMAR.T., S/O.LATE ISSAC, AGED 36, THENNITTAMPADY, KAKKOOR P.O., KOOTHATTUKULAM. 4. FR.ISSAC MATTAMMEL, S/O.MATHAI, AGED 57, VICAR, ST.MARY'S ORTHODOX CHURCH, ATTIMMUKUNNU, KAKKOOR P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.26562 OF 2009 -------------------------- Dated this the 19th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue a writ of certiorari or any other writ order or directing calling for the records leading to Ext.P8 and set aside the order. ii) Issue a writ of mandamus or any other writ order or direction directing the Sub court, Muvattupuzha to dispose the suit before it at an early date only after the decision of R.P No.435/2002 in C.R.P No.2648/2002 pending before the High Court. iii) Issue any other writ order or direction as this Hon'ble Court may deem fit in the circumstances of the case. W.P.(C).No.26562 OF 2009 Page numbers 2. I heard the counsel for the petitioner. Challenge raised in the petition is against Ext.P8 order passed by the learned District Judge, transferring the case O.S No.19 of 2002 instituted by the petitioners/plaintiffs on the file of the Sub Court, Muvattupuzha to the First Additional District Court, Ernakulam. Previously petitioners have filed a review petition as R.P No.435/2004 against the order in C.R.P No.2648/2002 dated 27/02/2004. That revision arose from the order passed in an interlocutory application in the above suit. This court has directed the parties to maintain status quo while disposing the revision without interfering with the dismissal of the interlocutory application for injunction passed by the two courts below. The order in revision was sought for review by filing the above review petition. At the time of hearing the review petition, the transfer of the original suit by W.P.(C).No.26562 OF 2009 Page numbers orders of the District Judge was also brought to the notice of this court and taking that circumstance also, a time limit was fixed for disposal of the case. No challenge against the transfer was raised at the time when the review petition was considered by this court. Though the transfer of the case had been ordered earlier, in fact accepting the transfer of the case made by the learned District Judge, directions/orders issued to the transferee court, to which the case was sent over, to dispose the suit within the time limit fixed, giving it top priority. Such being the position, I find there is no merit in the writ petition, and it is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv