IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 Tr.P(C).No. 241 of 2009() ------------------------- OS.235/2008 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONERS/DEFENDANTS: ----------------------------------------- 1. KANNAN, S/O.AYYAPPAN, AGED 32 YEARS, RESIDING AT KAVIYAM, T.C.21/824, SNRA-97-A, NEDUNGADU, KARAMANA P.O., THIRUVANANTHAPURAM. 2. ARUN, S/O.AYYAPPAN, AGED 32 YEARS, RESIDING AT KAVIYAM, T.C.21/824, SNRA-97-A, NEDUNGADU, KARAMANA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.SABU SREEDHARAN SRI.BENOJ C AUGUSTIN SRI.PRATHAP PILLAI RESPONDENTS/PLAINTIFFS: ------------------------- 1. VIJAYAN, S/O.BALAKRISHNA PILLAI, AGED 42 YEARS, RESIDING AT M.B.HOUSE, PUNNAMOODU, PALLICHAL VILLAGE, THIRUVANANTHAPURAM. 2. KRISHNA PILLAI, S/O.MADHAVAN PILLAI, AGED 59 YEARS, RESIDING AT DEEPA COTTAGE, PUNNAMOODU, PALLICHAL VILLAGE, THIRUVANANTHAPURAM. 3. AYYAPPAN PILLAI, S/O.SANKARA PILLAI, AGED 58 YEARS, RESIDING AT ANEESH BHAVAN, UDAYANKULANGARA, KOLLAYIL VILLAGE. ADV. SRI.NAGARAJ NARAYANAN FOR R1,2&3 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Tr.P.C.No.241 of 2009 --------------------------------------- Dated this 13th day of September, 2010 ORDER This petition is for consolidation of two cases pending in the court of learned Additional Sub Judge-I, Thiruvananthapuram and one case pending in the court of learned Principal Sub Judge of that station. Petitioners are defendants in the suits filed by respondents. Petitioners have a common contention that petitioner No.2 had a dispute with one Suresh regarding a partnership business they were carrying on and in connection with that matter, signed blank cheques of petitioners were given to the said Suresh. It is their further case that respondents/plaintiffs in the suits are name lenders for the said Suresh. To facilitate joint trial those suits are to be consolidated in the same court and hence the request. Application is opposed by the respondents contending that there is nothing common in these suits to be tried jointly. According to the respondents causes of action in the suits are separate and the suits are not to be tried jointly. 2. The question of joint trial at the first instance has to be decided by the court concerned. This court in this proceeding Tr.P.C.No.241 of 2009 : 2 : is not required to go into that question. Having regard to the circumstances stated, I consider it appropriate that all the cases are consolidated in the same court leaving the question of joint trial to be decided by that court after hearing counsel on both sides. Resultantly this petition is allowed in the following lines: (i) O.S.No.235 of 2008 pending in the court of learned Principal Sub Judge, Thiruvananthapuram is withdrawn from that court and made over to the court of learned Additional Sub Judge-I, Thiruvananthapuram where O.S.Nos.187 of 2008 and 446 of 2008 are prending. (ii) The transferor court shall transmit records of the case to the transferee court with due intimation to the counsel on both sides as to the date of appearance in the transferee court. (iii) Question whether the above suits are tried and disposed of jointly shall be decided by the transferee court after hearing counsel on both sides. (THOMAS P JOSEPH, JUDGE) Sbna/-