IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 7443 of 2010(O) ------------------------------------- (OS.NO.60/2006 OF II ADDL.MUNSIFF COURT.,NEYYATTINKARA) .................... PETITIONER: ------------------- B.UDAYACHANDRAN,S/O.BHASKARA PILLAI, PULIYOORKONATH VEEDU,ANAVOOR.P.O,NEYYATTINKARA TALUK,THIRUVANANTHAPURAM. BY ADV. MR.R.GOPAN. RESPONDENT: --------------------- R.OMANA,D/O.RUGMINI,PULIYOORKONATHU MEKKUMARA PUTHEN VEEDU,ANAVOOR,ANAVOOR POST, NEYYATTINKARA TALUK,THIRUVANANTHAPURAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 7443 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of March, 2010. JUDGMENT In this writ petition filed under Article 227 of the Constitution of India, the petitioner seeks transfer of I.A. 3803 of 2008 in O.S. 60 of 2006 from the IInd Additional Munsiff's Court, Neyyattinkara to the Principal Munsiff's Court, Neyyattinkara. 2. The petitioner instituted O.S. 60 of 2006 before the IInd Addl. Munsiff's Court, Neyyattinkara. The suit was for fixation of boundary between plaint A and B schedule properties and for other ancillary reliefs. Suffice it to say, a decree was passed ultimately on the basis of the report and plan filed by the Advocate Commissioner. The commission report and plan are produced as Ext.P1. The finding of the Munsiff is extracted in paragraph 2 of the writ petition. The court held that the defendant is entitled to seven cents and that was identified and located by the Advocate WPC. 7443/10. 2 Commissioner as R L O P plot. But instead of mentioning R L O P, by mistake, another plot K L M N O P Q, ie., 9 cents was shown in the judgment. Petitioner submits that this is due to an omission. The copy of the judgment and decree are produced as Exts.P2 and P3. 3. Petitioner claims to have filed I.A.3803 of 2008 in O.S. 60 of 2006 before the same court seeking correction of the judgment and decree. Meanwhile, the Officer, who was acting as IInd Addl. Munsiff, Neyyattinkara happened to be posted as Principal Munsiff, Neyyattinkara. Petitioner now wants the case to be transferred to Principal Munsiff's Court, Neyyattinkara. 4. I find no ground to entertain the prayer. There is nothing to believe that the present officer is in any way incapacitated in dealing with the present petition filed by the petitioner. It is not proper for this court to transfer the case to suit the convenience of the parties and to let them choose the Presiding Officer. WPC. 7443/10. 3 In the result, this petition is disposed of with a direction to the IInd Additional Munsiff's Court, Neyyattinkara to take up I.A. 3803 of 2008 in O.S.60 of 2006 and dispose it off as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. P. BHAVADASAN, JUDGE sb.