IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N. KRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30256 of 2008(B) -------------------------- OS.1077/2004 of PRL.SUB COURT,THRISSUR .................... PETITIONER: --------------- M/S.VIJAYA MARKETING ASSOCIATES, NEW MARKET ROAD, KOTTAYAM, A PARTNERSHIP FIRM, REP. BY ITS MANAGING PARTNER P.K.JOSE, PUTHUSSERY HOUSE, AMBADY JUNCTION, KUDAMALUR, KOTTAYAM. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT: -------------------- SOUTHERN INDIA POLY PRODUCTS (P) LTD, THAIKKATTUSSERY ROAD, THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J -------------------------- W.P.(C) No. 30256 OF 2008 -------------------------------------------- Dated this the 15th day of October, 2008 J U D G M E N T This writ petition is preferred to quash Ext. P2 and to direct the Principal Sub Judge, Thrissur to summon I.A. 1667/08 in O.S. 1178/04. The background of the case would reveal that there was a Transfer O.P. 214/06 and the learned District Judge directed the First Addl. Sub Judge, Thrissur to transfer O.S. 1078/04, O.S. 1178/04 and O.S. 1180/04 to the Principal Sub Court, Thrissur. It is seen that O.S. 1178/04 had already been disposed of by the time and only an application to set aside the exparte decree is pending therein. So in effect there was no suit pending which can be transferred as per the directions of learned District Judge. Now an attempt is made to call for the application filed for setting aside the exparte decree by the Principal Sub Court. I feel such a procedure should not have been adopted and the proper method would have been to approach the District Court for effecting transfer of that I.A. But I am informed that it is in the stage of disposal and therefore I direct the First Additional Subordinate W.P.(C) No. 30256/2008 -2- Judge, Thrissur to dispose of I.A. 1667/08 in O.S. 1178/04 as expeditiously as possible at any rate on or before 25.10.2008 and I direct the Principal Sub Judge not to proceed with the trial of other cases till 30.10.2008. M.N. KRISHNAN, JUDGE. vkm