IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Tr.P(C).No. 95 of 2010 ------------------------------- [OS.NO.545/2008 OF PRINCIPAL MUNSIFF'S COURT,ALAPPUZHA] .................... PETITIONER/PLAINTIFF: ----------------------------------- SANADHANA DHARMA BOARD OF TRUSTEES, ALAPPUZHA-1, REPRESENTED BY ITS PRESIDENT, S.MAHADEVA IYER, S/O.S.P.SANKARA IYER, AGED 75 YEARS, KAILAS, PAZHAVEEDU, ALAPPUZHA. BY ADVS. SRI.K.S.HARIHARAPUTHRAN, SRI.M.D.SASIKUMARAN, SRI.GEORGE MATHEW, SRI.DIPU JAMES, SRI.ARUN ALEX. RESPONDENTS/DEFENDANTS: --------------------------------------------- 1. V.K.SASINDRA NATHA KURUP, S/O.V.N.BALAKRISHNA PILLAI, AGED 56 YEARS, AJAYA NIVAS, CHATTANADU, ALAPPUZHA. 2. C.VINOD, S/O.V.K.CHANDRASEKHARA KURUP, AGED 36 YEARS, VADIYATTU HOUSE, MARARIKKULAM NORTH P.O., ALAPPUZHA. R1 BY ADV. SRI.K.N.VENUGOPALA PANICKER. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- TP(C) No.95 of 2010 ------------------------------------- Dated 9th April 2010 Order Aggrieved by the order dated 09.03.2010 passed by the District Court, Alappuzha, the petitioner before the court below has come up with this TP(C). 2. The petitioner is the plaintiff in OS No.545/08 on the file of the Munsiff's Court, Alappuzha. It has filed an application under S.24 CPC seeking transfer of OS No.545/08 to the Sub Court, Alappuzha for a joint trial along with OS No.439/08 pending before the said Court. The Court below dismissed the said application. 3. The petitioner submitted that similar issues arise for consideration in both the suits and the decision in one suit will have direct impact on the other. Therefore, the District Court was not justified in dismissing the application filed by it, it is submitted. Now, it is submitted that due to the stay granted by this Court, the courts below are not in a TPC 95/10 2 position to entertain the IAs filed by them in the above suits. 4. The learned counsel for the respondents submitted that they have no objection in transferring the case to Sub Court, Alappuzha. In the light of the stand taken by the respondents, it follows that the order of the Court below cannot be sustained. It is pointed out by the respondents also that there is connection between the two suits and the decision on one suit will have direct bearing on the other suit. If that be so, it is only just and proper that both the cases are tried together by the very same Court. Since OS No.439/08 is pending before the Sub Court, Alappuzha, it is only appropriate that OS No.545/08 pending before the Munsiff's Court, Alappuzha is transferred to the Sub Court, Alappuzha. The Sub Court, Alappuzha will be at liberty to proceed with the interim applications, if any filed in the suits and pass appropriate TPC 95/10 3 orders thereon in accordance with law as expeditiously as possible. The Petition is allowed as above. P.BHAVADASAN, JUDGE sta TPC 95/10 4