IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 16TH SEPTEMBER 2008 / 25TH BHADRA 1930 Tr.P(C).No. 229 of 2008() ------------------------- AGAINST THE ORDER IN IA 8389/07 IN OS.1065/2007 of PRINCIPAL SUB COURT,ERNAKULAM .................... PETITIONER: ----------------- D.ARAVINDAKSHAN,THODIYIL AMBADI HOUSE, PARAVOOR,KOLLAM DISTRICT. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU RESPONDENTS: ------------- 1. ARAVINDA RAJA,GEMINI PRA-5,PADIVATTOM, EDAPPALLY P.O,KOCHI. 2. ADITYA RANA,MINOR REP.BY THE POWER OF ATTORNEY OF THE MOTHER AND NEXT FRIEND OF THE MINOR, S.DEEPA,SREE PADAM,KOTTAPPURAM, PARAVOOR,KOLLAM. 3. INTEGRATED ENTERPRISES (INDIA) LTD, REGISTERED OFFICE AT CHENNAI AND BRANCH AT TC 28/2831,GIRIANJALI,KRA 41,KUTHIRAVATTOM, NEAR OLD G.P.O THIRUVANANTHAPURAM REP.BY ITS MANAGER. 4. THE MANAGER,STATE BANK OF INDIA, MARAKKADA BRANCH,POWER HOUSE ROAD, THIRUVANANTHAPURAM. 5. THE MANAGER,TRUVANDRUM CO-OPERATIVE BANK,EAST FORT,THIRUVANANTHAPURAM. 6. THE MANAGER,PARAVOOR SERVICE CO-OPERATIVE BANK,NEAR PARAVOOR BUS STAND,PARAVOOR 7. THE MANAGER,DHANALAKSHMI BANK,FORT BRANCH,KARIMPANEL BUILDING,THIRUVANANTHAPURAM. 8. THE MANAGER,STATE BANK OF TRAVANCORE, KARIMPANEL BUILDING,EAST FORT,THIRUVANANTHAPURAM. 9. SIVARAM GROUP OF COMPANIES,SREESADA BUILDING,2ND FLOOR,NEXT TO OLD POST OFFICE, CONVENT ROAD,VANCHIYOOR,THIRUVANANTHAPURAM. 10. THE SUB TREASURY OFFICER,THE PRINCIPAL SUB TREASURY,FORT,THIRUVANANATHAPURAM. 11. THE SUB TREASURY OFFICER,SUB TREASURY, PARAVOOR. 12. THE MANAGER,HDFC BRANCH,KENTON TOWERS, VAZHUTHACAUD,THIRUVANANTHAPURAM. 13. THE MANAGER,MUTHOOT MERCANTILE LTD, 113-ATTUKAL SHOPPING COMPLEX,THIRUVANANTHAPURAM. 14. THE MANAGER,UNIT TRUST OF INDIA, SWASTIK CENTER,3RD FLOOR,M.G.ROAD, THIRUVANANTHAPURAM. 15. THE POST MASTER,FORT POST OFFICE, THIRUVANANTHAPURAM. 16. THE POST MASTER,ATTAKULANGARA POST OFFICE,THIRUVANANTHAPURAM. 17. NATIONAL SECUTIRIES DEPOSITORY LTD, TRADE WORLD,A-WING 5TH FLOOR,KAMALA MILLS COMPOUND. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. -------------------------------- Tr.P.C.NO.229 OF 2008 ---------------------------------- Dated this the 16th day of September, 2008. O R D E R Petitioner, who is a common defendant in three suits namely O.S.No.1065/2007 on the file of the Sub Court, Ernakulam, O.S.No.1873/2007 on the file of the Munsiff's Court, Thiruvananthapuram and O.P.(Succession) No.13/2008 before the Sub Court, Thiruvananthapuram seeks a transfer of O.S.No.1065/2007 pending before the Sub Court, Ernakulam and O.S.No.1873/2007 pending before the Munsiff's Court, Thiruvananthapuram to the Sub Court, Thiruvananthapuram to be tried along with O.P.(Succession) No.13/2008 pending before the Sub Court, Thiruvananthapuram. According to the petitioner, the contention of the parties, the subject matter and the parties and the witnesses to be examined, the documents to be produced and the issues to be decided are all the same and hence all the three suits are to be jointly tried and disposed of by the Sub Court, Thiruvananthapuram. 2. I cannot agree with the above contention. Annexure-1 is the plaint in O.S.No.1065/2007 on the file of the Sub Court, Tr.P.C.No.229/08 . 2 Ernakulam. It is a suit filed by one Aravinda Raja in which the petitioner herein is the sole defendant. The prayer in the suit is to cancell Deed No.1047/2007 dated 16.5.2007 of S.R.O Paravur and to pass a perpetual injunction restraining the defendant from dealing with the plaint schedule properties. Annexure-3 is the plaint in O.S.No.1873/2007 on the file of the Munsiff's Court, Thiruvananthapuram. That is a suit filed by the same plaintiff Aravinda Raja against four defendants namely National Securities Depository Ltd, Integrated Enterprises (India) Ltd, the petitioner and Adithya Rana, a minor represented by his next friend seeking a perpetual injunction against first and second defendants restraining them from transferring B schedule shares to the name of the plaintiff . Annexure-5 is the petition, O.P.(Succession) No.13/2008 filed by Aravinda Raja against 16 respondents, of which the first respondent is the petitioner. The prayer in the original petition is to issue a succession certificate in the name of the petitioner so as to enable him to receive the securities described in the petition schedule. 3. Merely because certain common contentions have been raised by the petitioner in the above litigations, it cannot be said that the suits as well as the original petition relate to the same Tr.P.C.No.229/08 . 3 subject matter or that the contentions and the issues to be deci d in all the three litigations on the same justifying consolidation of the above three matters by virtue of the inherent power conferred on the court. Having regard to the nature of the reliefs prayed for and the contentions urged on behalf of the parties, this is a fit case where all the three cases should be disposed of by the respective courts. I am not inclined to accept the contention raised by the petitioner. This petition filed under Section 24 C.P.C cannot therefore be granted. In case the litigations referred above are consolidated for joint trial, it will only result in utter confusion besides misjointer of parties and issues. This petition is accordingly dismissed. V. RAMKUMAR,JUDGE. cl Tr.P.C.No.229/08 . 4