IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH OCTOBER 2011 / 2ND KARTHIKA 1933 Tr.P(C).No. 361 of 2011() ------------------------- OS.93/2009 of SUB COURT, OTTAPPALAM .................... S.VISWAMBHARAN VAIDYAR, S/O.SUKUMARAN, SOLE PROPRIETOR, DIVYA AYURVEDA VAIDYASALA, 11/113, DIVYA BHAVAN, AYOOR P.O., 691 533, KOLLAM DISTRICT. BY ADV. SRI.N.SUBRAMANIAM RESPONDENT(S): --------------- P.UNNIAN HAJI, S/O.ALAVI HAJI, AL AKBAR WHITE HOUSE, CHOORAKKODE P.O. 679 336, VIA PATTAMBI, PALAKKAD DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Tr.P(C).No. 361 of 2011() -------------------------------- APPENDIX ------------ PETITIONER'S ANNEXURES -------------------------------- ANNEXURE 1. COPIES OF VARIOUS TESTS UNDERTAKEN IN AMRITA HOSPITAL. ANNEXURE 2. CERTIFICATE ISSUED BY HARISREE HOSPITAL CHADAYAMANGALAM TO THE PETITIONER. RESPONDENT'S ANNEXURE : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK THOMAS P. JOSEPH, J. ---------------------------------------- Tr.P(C).No.361 of 2011 --------------------------------------- Dated this 24th day of October, 2011 ORDER Petitioner is the defendant in O.S.No.93 of 2009 of the Court of learned Sub Judge, Ottappalam. He seeks transfer of that case to the Sub Court, Kottarakkara for the reason that he is ill, unable to move about and he is advised to take bed rest for about five months. It is stated that petitioner is undergoing treatment at Amrita Hospital, Kochi. Certain documents are also produced to support that contention. 2. I have heard learned counsel for petitioner. Respondent filed the suit in the Sub Court, Ottappalam for recovery of money. Petitioner is residing at Ayoor in Kollam District while respondent is residing at Choorakkode, Pattambi, in Palakkad District. The request is for transfer of the case to the Sub Court, Kottarakkara. If allowed, respondent who filed the suit at Ottappalam seeking recovery of money from petitioner has to travel up to Kottarakkara to prosecute the case. Having heard learned counsel I am not inclined to think that the case has to be transferred to Kottarakkara. 3. But grievance of petitioner about his inability to travel at present has to be looked into. It is open to the petitioner to Tr.P(C).No.361 of 2011 -: 2 :- request learned Sub Judge to adjourn the case to a convenient date so that petitioner could appear before the learned Sub Judge, Ottappalam if at all the case is posted for trial in the meantime or, petitioner can request learned Sub Judge to have his examination conducted through commission at his expense. If any such request as aforesaid is made, learned Sub Judge shall consider the grievance of petitioner and pass appropriate orders as circumstances warranted. With the above direction this transfer petition is closed. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-