IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 Tr.P(C).No. 319 of 2008() ------------------------------------ OS.406/2006 of MUNSIFF COURT, N.PARAVUR .................... PETITIONER (S): DEFENDANTS -------------------- 1. JOY.OP., 51 YEARS, S/O.O.M.PAILY, OLATTUPURATH HOUSE, MUNAMBAM, KUZHUPILLY VILLAGE VYPIN, ERNAKULAM. 2. GEORGE.O.P., S/O.O.M.PAILY OLATTUPURATH HOUSE, MUNAMBAM, KUZHUPILLY VILLAGE. 3. MATHEW.O.P., S/O.O.M,.PAILY, DO.DO. 4. THOMAS.O.P., S/O.O.M.PAILY, DO.DO. 5. FRANCIS.O.P. S/O.O,M,PAILY, DO.DO. 6. RAPHAEL.O.P, S/O.O,M.PAILY,DO.DO. 7. JOHN.O.P., S/O.O.M.PAILY, DO.DO. 8. ALEXANDER .O.P., S/O.OM.PAILY DO.DO. 9. PAUL.O.P., S/O.O.M.PAILY, DO.DO. 10. JOSHY.O.P., S/O.O.M.PAILY,DO.DO. 11. NELSON.O.P., S/O.O.M.PAILY DO.DO. BY ADVS.MR.A.X.VARGHESE MR.A.V.JOJO TRP(C) NO.319/2008 RESPONDENT(S): ------------------------- 1. P.S.BABU, 37 YEARS, S/O.SUBRAMANIAN, PUTHUSSERI HOUSE, MANIKKAMANGALAM, KALADY, ERNAKULAM. 2. DEEPA.T.P., 28 YEARS, W/O.P.S.BABU PUTHUSSERI HOUSE, MANIKKAMANGALAM, KALADY, ERNAKULAM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.319 OF 2008 () ----------------------------------- Dated this the 18th day of August, 2009 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioners are the defendants in O.S.No.406 of 2006 on the file of Munsiff's Court, North Paravur. They have filed another suit as O.S.No.536 of 2007 as plaintiffs before the Additional Sub Court, North Paravur, the issues arising for adjudication and the parties in both the suits are the same, and so much so, transfer of O.S.No.406 of 2006 from the Munsiff Court, North Paravur to the Additional Sub Court, North Paravur, where O.S.No.536 of 2007 is pending, is essential, is the case canvassed in the transfer petition. 2. Notice being given, the respondents have entered appearance. TPC.319/08 2 3. I heard the counsel on both sides. The transfer petition was filed at a time when O.S.No.406 of 2006 came up in the list for trial. The other suit filed by the petitioners as plaintiffs O.S.No.536 of 2007, it is reported, is only in the preliminary stage with the issues settled, but no further steps taken. Preliminary issues raised in the suit, whether the suit is bad for misjoinder of parties and whether it has been properly valued and adequacy of the court fee paid etc. remain to be considered before proceeding with the trial. When that be so, the joint trial of the two suits in the near future if at all the transfer of O.S.No.406 of 2006 from the Munsiff Court, North Paravur to the Additional Sub Court, North Paravur is ordered will not be possible. Further more, on the submissions made, I find that disposal of one suit will give a quietus to the controversy of the other suit as well. Prima facie, it appears that further proceedings of the trial of the second suit has also to be looked into with reference to Section 10 of CPC. I am not expressing any opinion in that matter in this transfer petition. All the same, where it is seen that one suit is ripe for trial and had been listed previously, I TPC.319/08 3 find that request for transfer cannot be entertained. The learned Munsiff, Norther Paravur is directed to dispose O.S.No.406 of 2006 on its file, as expeditiously as possible, after affording reasonable opportunity to both sides to lead evidence in support of their respective case. Subject to he above observations, transfer petition is closed. Send over a copy of the order to the Munsiff Court, North Paravur forthwith. S.S.SATHEESACHANDRAN JUDGE prp