IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 24TH APRIL 2009 / 4TH VAISAKHA 1931 Tr.P(C).No. 118 of 2009() ------------------------- OS.422/2007 of ADDL.MUNSIFF COURT,NEDUMANGAD .................... PETITIONER: ------------------- INDHIRA, D/O.KARTHYAYANI, AGED 50 YEARS, RESIDING AT INDUJA BHAVAN, POOVANAMMOODU, THOLUR, UZHAMALAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT, REP. BY ITS POWER OF ATTORNEY HOLDER RAJENDRAN K.G., S/O.GOVINDAN, R.J.NIVAS, NETTANI, KEEZHAVOOR P.O. KEEZHAVOOR VILLAGE, TVM DIST. BY ADVS. SRI.T.MADHU SRI.B.K.RAJAGOPAL RESPONDENT(S): --------------- SUKUMARI, AGED 52 YEARS, D/O.NESAMMA, THUNDUVILAKATH, PUTHENVEETTIL HOUSE, THOLUR, CHITTUVEETU MURI, UZHAMALAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J ---------------------------------- TR.P.(C)No. 118 OF 2009 -------------------------------------- Dated this the 24th day of April, 2009 O R D E R This is an application for transfer filed under Section 24 of the C.P.C. The petitioner is the 1st defendant in O.S. 422/2007 on the file of the First Additional Munsiff's Court, Nedumangad and the respondent, the plaintiff. Husband of the petitioner was the 2nd defendant in the suit, but he is now no more. The grievance of the petitioner is that there is no sitting of the First Additional Munsiff Court, Nedumangad for the last more than 1 ½ years as no presiding officer has been posted to that court, and as such the suit in which an exparte order of injunction had been passed against her and her husband as early as on 27.7.2007 still awaits consideration and disposal. She has therefore sought for transfer of the case to some other court of competent jurisdiction for early disposal of the injunction petition. 2. On notice of the application respondent has entered appearance through counsel. I heard the counsel on both sides. From the registry on enquiry it is reported that under the transfer Tr.P(C) 118/2009 -2- and posting issued, the High Court has posted a presiding officer to the First Additional Munsiff Court, Nedumangad and he is to take charge on the reopening of courts after the mid summer vacation. That being so no transfer of the case to any other court is warranted. The presiding officer posted to the First Additional Munsiff Court, Nedumangad is directed to hear and dispose of the injunction petition as expeditiously, at any rate within one month from the reopening of the courts. However, in case, the new presiding officer posted does not assume charge of the court within two weeks from the opening of the courts, after the present vacation, and if the present Additional Munsiff Court continue to remain vacant without any presiding officer, the Principal Munsiff who at present continues in charge of that court is directed to hear and dispose of the injunction petition in O.S. 422/07 as expeditiously as possible, at any rate within one month from the expiry of two weeks from the reopening of the courts. Send a copy of the order to the Principal Munsiff, Nedumangad and also the First Additional Munsiff Court, Tr.P(C) 118/2009 -3- Nedumangad. Compliance of High Court Circular No.3 of 2000 to be ensured by all concerned in both courts. Subject to the above directions, this petition is disposed of. S.S. SATHEESACHANDRAN, JUDGE vkm