IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Tr.P(C).No. 53 of 2008() ------------------------ OS.1013/2007 of MUNSIFF COURT, ERNAKULAM .................... PETITIONER: ------------- 1. SATHYBHAMA, ALUNKALPARAMBIL HOUSE, AZAD ROAD, KALOOR, KOCHI-17 2. N.K.BABU, ALANKALPARAMBIL HOUSE AZAD ROAD, KALOOR, KOCHI-17 BY ADV. SRI.P.BABU KUMAR RESPONDENT: ------------- N.K.BABU, ALANKALPARAMBIL HOUSE, AZAD ROAD, KALOOR, COCHIN -17. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- Tr.P.C NO. 53 OF 2008 --------------------- Dated this the 28thday of February, 2008 ORDER This transfer petition is preferred with a prayer to transfer OS 1013/07 pending before the Munsiff court-II, Ernakulam, to Sub Court-II, Ernakulam, for a joint trial along with OS 491/07 pending before Sub Court-II, Ernakulam. 2. The fight is between the mother, sons and daughter-in-law. It is the case of the mother that the property had been purchased in the name of the eldest son with the income derived by all and that there has been a fraudulent transfer of the property by the eldest son in favour of his wife and therefore a suit has been filed to set aside the document. Another suit is also filed by the son to get established the right, and it is pending in another court. So the result of the both suits will depend upon the validity of the document executed by the son in favour of his wife. In other words, whether the son has a transferable right over the property, will be the subject matter that has to be decided and whether the document is liable to be set aside are all matters to be considered and decided in the suit and therefore it is only desirable that both the cases are tried jointly. TR.P.C. 53/08 2 Therefore, OS 1013/07 pending before the Munsiff court-II, Ernakulam, is transferred to Sub Court-II, Ernakulam for a joint trial and disposal along with OS 491/07, pending before that court. Since I am disposing the matter at the admission stage itself, the Court below is directed to give notice to all concerned regarding the factum of transfer. M.N.KRISHNAN, JUDGE vps TR.P.C. 53/08 3