IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Tr.P(C).No. 61 of 2010 ------------------------------- [OS.NO.369/2008 OF MUNSIFF'S COURT-II.,KOTTAYAM] .................... PETITIONER/PLAINTIFF: ----------------------------------- K.K.APPUKUTTAN NAIR, AGED 64 YEARS, S/O.KRISHNAN NAIR, VALIYAKAVANATTU HOUSE, MADAPPATTU KARA, KOOROPPADA VILLAGE, KOTTAYAM DISTRICT. BY ADVS. SRI.RAJU JOSEPH, SRI.GEORGE KUTTY MATHEW. RESPONDENTS/DEFENDANTS: --------------------------------------------- 1. M.S.SUBHADRAMMA, W/O.RAVENDRAN NAIR, AGED 47 YEARS, RESIDING AT MANNOOKULATU HOUSE, THODANAL.P.O, MEENACHIL VILLAGE, MEENACHIL TALUK. 2. M.S.BABU RAJ, AGED 43 YEARS, S/O.SIVARAMAN NAIR, MUTHALIL HOUSE, MADAPPATTU KARA, KOOROPPADA VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.LIJI.J.VADAKEDOM. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2010, ALONG WITH TR.P(CIVIL).NO.62/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- TP(C) Nos.61 & 62 of 2010 ------------------------------------- Dated 8th April 2010 Order In these petitions filed under Section 24 CPC, the petitioners seek to transfer the suits pending before the Munsiff's Court, Kottayam to Sub Court-II, Kottayam. Since common issues are involved in these two Petitions, they are disposed of by this common order. 2. The petitioner in TP(C) No.62/10 is the defendant in OS No.575/08 before the Munsiff's Court-II,Kottayam, which was filed by the respondent as a counter blast to OS No.369/08 filed by the petitioner before the very same Court. It is stated that OS No.420/08 instituted by the petitioner in TP(C)No.61/10 is pending before the Sub Court, Kottayam. Since the issue involved in all these Petitions are identical and the parties are same, it is submitted by the petitioners that it is only just and proper that all the cases are tried and disposed of together so as to TP(C) Nos.61 & 62/10 2 avoid conflict of decisions. 3. It is evident from the materials on record that common issues arise for decision in all the three suits and that the decision in one suit will have a bearing on the other suits. Therefore, it is only just and proper that all the three suits are tried and disposed of by the very same Court. In the result, these Petitions are allowed. OS Nos.575/08 and 369/08 pending before the Munsiff's Court- II, Kottayam, shall stand transferred to the Sub Court-II, Kottayam to be tried and disposed of along with OS No.420/08. P.BHAVADASAN, JUDGE sta TP(C) Nos.61 & 62/10 3