IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No.32726 of 2008(U) --------------------------------- O.S. NO.238/01 OF MUNSIFF'S COURT, THIRUVANANTHAPURAM ------------- PETITIONERS: ---------------- 1. VENUGOPAL, NORTH OF LEELA SADANAM, KURAVANKONAM, KOWDIAR VILLAGE, THIRUVANANTHAPURAM. 2. SREEKALA, RESIDING AT DO, DO. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENTS: ----------------- 1. P.T.LALITHAMBIKA, STHANU ENCLAVE, VIKRAMAPURI HILLS, EAST PATTOM, KOWDIAR VILLAGE, THIRUVANANTHAPURAM. 2. RADHIKA UNNITHAN, 41 H, PTP NAGAR, THIRUVANANTHAPURAM, NOW RESIDING AT 11433, TRVERNAY, PARKWAY, CHARIOTTE, NC 28262, USA. 3. PADMAKUMARI AMMA, T.C.19/770, LEELA SADANAM, KURAVANKONAM, KOWDIAR VILLAGE, THIRUVANANTHAPURAM. 4. KRISHNAKUMAR, RESIDING AT DO, DO. 5. SREEKUMAR, RESIDING AT DO, DO. 6. MEENAKSHY GOPINATH, A-86, NIZAMUDEEN EAST, NEW DELHI-13. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.32726 of 2008 U -------------------------- JUDGMENT Petitioners are defendants 4 and 5 in O.S.No. 238/01 on the file of the Munsiff's Court, Thiruvananthapuram. Vide Exhibit P9 order in O.P.(TP) No.165/08, the District Judge, Thiruvananthapuram ordered transfer of the said suit to the I Additional Sub Court, Thiruvananthapuram, to be tried along with O.S.No.686/07 pending before that court. The said order of transfer and implied direction to conduct a joint trial are assailed by the petitioner in this writ petition. 2. It is contended by the counsel for the petitioners that respondents 1 and 2, who are the plaintiffs in O.S.No.238/01, earlier attempted to implead the sixth respondent in O.S.No.238/01 and that was disallowed, which was confirmed also by this Court and that by obtaining an order for joint trial of O.S.No.686/07 filed by the sixth respondent with O.S.No.238/01, transferring the WPC 32726/08 2 latter case from the Munsiff's Court to the Sub Court, the intention of respondents 1 and 2 to induct the sixth respondent also is achieved contrary to the order in O.S.No.238/01, which was confirmed by this Court and that there was already a direction of this Court in W.P.(C)No.1831/05, vide Exhibit P3 judgment dated 11.12.2006, to dispose of O.S.No.238/01 within five months from the date of receipt of a copy of that judgment, but that till now respondents 1 and 2 have disabled disposal of the suit by resorting to various methods and finally by filing OP(TP)No.165/08, which was allowed by the District Judge vide Exhibit P9 order. In view of the submission made by the counsel for the petitioners that he wants only a disposal of the suit O.S.No.238/01 at least within a period of six months from today, I am disposing of this writ petition without notice to the respondents upholding the transfer, but deleting the direction WPC 32726/08 3 in Exhibit P9 order that transfer of O.S.No.238/01 to the Sub Court, Thiruvananthapuram is for the purpose of being tried along with O.S.No.686/07. The question as to whether a joint trial is appropriate and feasible in the circumstances of the two cases is a matter to be decided by the Sub Judge. Obviously, on transfer of O.S.No.238/01 from the Munsiff's Court to the Sub Court, it will be re-numbered as a suit of 2008. Ignoring that renumbering, the Sub Judge shall treat O.S.No. 238/01 as an eight year old suit and dispose it of within six months from today, whether by joint trial or otherwise. Petitioner shall produce a copy of this judgment before the I Additional Sub Judge, Thiruvananthapuram for compliance immediately with notice to the respondents. The writ petition is disposed of as above. 12th November, 2008 (K.P.Balachandran, Judge) tkv