IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 TR.P(C).NO. 163 OF 2010() ------------------------------------- OS.579/2007 OF PRL.MUNSIFF COURT, CHERTHALA OS.458/2008 OF ADDL.MUNSIFF COURT,CHERTHALA .................... PETITIONERS: ---------------------- 1. K.K.RENUKAMMA, AGED 73 , W/O. SIVARAMAN NAIR, USHA BHAVAN, PANAVALLY VILLAGE, TRICHATTUKULAM.P.O., CHERTHALA TALUK. 2. SIVARAMAN NAIR, AGED 80, S/O. KRISHNAN NAIR, USHA BHAVAN, PANAVALLY VILLAGE, TRICHATTUKULAM.P.O., CHERTHALA TALUK. BY ADV. SRI.SHAJI THANKAPPAN RESPONDENT(S): -------------------------- JOY, AGED ABOUT 60, S/O. VARKEY, KOTTAPPALLIL, PANANGADU, KUMBALAM VILLAGE, ERNAKULAM DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Tr.P(C) No.163 of 2010 ==================================== Dated this the 4th day of June, 2010 O R D E R This petition is to withdraw O.S.No.579 of 2007 from the court of learned Principal Munsiff, Cherthala and transfer the same to the court of learned Additional Munsiff, Cherthala. Petitioners state that they have filed O.S. No.458 of 2008 in the court of learned Additional Munsiff, Cherthala against respondent for specific performance of an agreement for re-conveyance of the property and that respondent has filed O.S. No.579 of 2007 for a decree for prohibitory injunction in respect of the same property. According to learned counsel the suits are to be tried and disposed of jointly. 2. There is no reason why petitioner should not approach the learned District Judge under Section 24 of the Code of Civil Procedure (for short, “the Code”) . Though it is open to this also to invoke power under Sec.24 of the Code proper remedy for the petitioner is to approach learned District Judge and seek appropriate order for transfer. Tr.P(C) No.163 of 2010 -: 2 :- Hence without prejudice to the right of petitioner to seek relief from the learned District Judge, this Writ Petition is dismissed. THOMAS P. JOSEPH, JUDGE. vsv