IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 Tr.P(C).No. 301 of 2008 TO TRANSFER OS.77/2001 PENDING BEFORE THE SUBORDINATE JUDGE'S COURT, MAVELIKARA TO THE COURT OF THE SUBORDINATE JUDGE, CHENGANNUR PETITIONER' ------------------------------- RAJU, AGED 49 YEARS, S/O.KUTTAPPAN YAVANIKA HOUSE, VATTUVENI MURI HARIPAD (P.O) ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENTS: --------------- 1. SUMATHI, AGED 69 YEARS, D/O.BHARATHI, SREENILAYATHIL VEEDU (MAROTTIMOOTTIL) NANGIARKULANGARA (P.O) CHINGOLI VILLAGE, ALAPPUZHA DISTRICT. 2. JIJI PRASAD, W/O.PRASAD, THEKKETHAYYIL MUTHUKULAM NORTH MURI, MUTHUKULAM VILLAGE. BY ADV. SRI.S.MOHANAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Tr.P.(C) NO. 301 OF 2008 ------------------------------------------------------ Dated this the 25th February, 2009 O R D E R This Transfer Petition is filed by the plaintiff in O.S.No.77 of 2001, on the file of the Sub Court, Mavelikkara, to transfer the proceedings in the suit from the Sub Court, Mavelikkara to Sub Court, Chengannur. It is submitted that more than 3000 cases are pending before the Sub Court, Mavelikkara, whereas the Sub Court, Chengannur is a newly established Court where pendency of the case is less than 200. 2. The suit is for specific performance of an agreement to sell. The trial court decreed the suit. The plaintiff filed an application to get the document executed and registered. That application was allowed and the document was executed and registered. The petitioner/decree holder filed an application for delivery. That is pending. The grievance of the petitioner is that because of the pendency of large number of cases in Sub Court, Mavelikkara, the application for delivery is not disposed of. 3. The learned counsel for the respondents submitted that the respondents have objection in transferring the case to Sub Court, Chengannur. The counsel alleged that the petitioner has close TR.P.(C) NO.301 OF 2008 :: 2 :: acquaintance with the learned Subordinate Judge of Chengannur and, therefore, it is not proper to transfer the case to the Sub Court, Chengannur. 4. Taking into account the facts and circumstances of the case, I do not think that it is necessary to transfer the case from Sub Court, Mavelikkara to Sub Court, Chengannur. At the same time, the request of the petitioner to have an early disposal of his application for delivery requires to be considered. Accordingly, there will be a direction to the Sub Court, Mavelikkara to dispose of the application for delivery filed by the petitioner in O.S.No.77 of 2001, as expeditiously as possible and, at any rate, on or before 30.6.2009. The Transfer Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/