IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 OP(C).No. 340 of 2011(O) ------------------------ OP (TRANSFER) 192/2010 OF DISTRICT COURT, WAYANAD, KALPETTA OS.395/2008 of MUNSIFF COURT, KALPETTA .................... PETITIONERS : PETITIONERS ------------------------------------------ N.MOHANAN, S/O.LATE AYYAPPAN, AGED 47 YEARS, NELLIKUNNATH HOUSE, POZHUTHANA P.O., POZHUTHANA AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DIST. BY ADV. SRI.ANEESH JOSEPH RESPONDENT(S): --------------- 1. AJITHKUMAR @ AJITH SWAMI, S/O.KUMARAN, MANKKAL HOUSE, KARUVANTHODE, POZHUTHANA P.O., POZHUTHANA AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DIST, PIN-673 575. 2. VASANTHA, W/O.KUMARAN, MANKKAL HOUSE, KARUVANTHODE, POZHUTHANA P.O., POZHUTHANA AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DIST, PIN-673 575. 3. KUNHAMMA, W/O. LATE AYYAPPAN, C/O.VASANTHA, W/O.KUMARAN, MANKKAL HOUSE, KARUVANTHODE, POZHUTHANA P.O., POZHUTHANA AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DIST, PIN-673 575. 4. C.P.PRABHAKARAN, S/O.CHAMI, PUKAPPALLY HOUSE, KARUVANTHODE, POZHUTHANA P.O., POZHUTHANA AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DIST, PIN-673 575. O.P.(C) NO.340/2011 -2- 5. K.P.VISWANATHAN, S/O.RAVUNNI, THNOIPPARAMBIL HOUSE, KARUVANTHODE, POZHUTHANA P.O., POZHUTHANA AMSOM AND DESOM, VYTHIRI TALUK, WAYANAD DIST, PIN-673 575. 6. BAHUBALIKUMAR, S/O.ANANDAYYA GOWDER, MANIANGOTTU, KALPETTA AMSOM DESOM, VYTHIRI TALUK, WAYANAD DIST, PIN-673 122. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------- O.P.(Civil) No.340 of 2011 O -------------------------------------- Dated this the 25th day of January, 2011 JUDGMENT The plaintiff in O.S.No.129 of 2010, Munsiff's Court, Kalpetta, filed O.P.(Transfer) No.192 of 2010 before the District Court, Kalpetta, to transfer the suit to any other court. The reason for transfer is that the learned Munsiff decided another suit and Execution Petition in which the petitioner was a party and interpreted the terms of the Will relied on by him. The learned Munsiff held that though the Will is genuine, the petitioner herein could not claim possession as there was life estate in favour his mother. It is stated that in the present suit also, the plaintiff is relying on the same Will. He apprehends that the learned Munsiff will take the same interpretation which was taken earlier. Only on that ground, transfer is sought. O.P.(C) No.340/2011 2 2. The learned District Judge relying on the judgment in Industrial C and D.S. Ltd. v. Andru (1991 (1) KLT 234) dismissed the Transfer Application. It was held that a judicial order passed by a Judicial Officer in one case is not a ground for transfer of a similar case pending before him. 3. The reasons stated by the petitioner for transfer are not sufficient for transfer of the case. The learned District Judge was right in dismissing the application for transfer of the case. No grounds are made out for interference. The Original Petition is accordingly dismissed. K.T.SANKARAN JUDGE csl