IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH NOVEMBER 2006 / 9TH AGRAHAYANA 1928 CRP.No. 1992 of 2001(G) -------------------------------- AGAINST THE ORDER DT.14.3.2001 IN OP.3/2000 of DISTRICT COURT, KASARAGOD .................... REVN. PETITIONER: (PETITIONER) ---------------------------- MUTHANNA RAI, S/O.MANJANNA RAI, RESIDING AT PALAYA HOUSE, PERAJE VILLAGE, NERLAKATTA, BANTWAL TALUK, D.K., KARNATAKA STATE. BY ADV. SRI.D.KRISHNA PRASAD SRI.D.NARENDRANATH SRI.JOJI VARGHESE SRI.M.HARISHARMA SRI.T.P.ELDHOSE RESPONDENTS: (RESPONDENTS 1 TO 5, 7 TO 12 AND THE LEGAL --------------------- REPRESENTATIVES OF DECEASED 6TH RESPONDENT) 1. DEENANATHA RAI, S/O. LATE MANJANNA RAID, RESIDING AT TELEKANA HOUSE, ICHALANGODU VILLAGE AND POST, KASARAGOD TALUK. 2. SHANKARI, W/O. T.SEETHAMA RAI, RESIDING AT TALEKANA HOUSE, ICHALANGODU VILLAGE AND POST KASARAGOD TALUK. 3. ANANTHARAMA RAI, PROPRIETOR, M.S.RAI AND RAI, UPPER BENDOOR ROAD, MANGALORE – 2, D.K. 4. JAYALAKSHMI, W/O. LATE SHIVARAMA RAI, RESIDING AT KANOOR, VIA, GONIKOPPA COORG DISTRICT, KARNATAKA STATE. 5. DEVI PRASAD RAI, S/O.LATE SHIVARAMA RAI, CLERK, VIJAYA BANK, POST KANOOR, VIA.GONIKOPPA COORG DISTRICT, KARNATAKA DISTRICT. 6. SACHINDANANDA RAI, S/O.SEETHARAMA RAI, RESIDING AT TELEKANA HOUSE, ICHALANGOD VILLAGE. KASARAGOD TALUK, POST ICHALANGOD. BY ADV. SRI.S.V.BALAKRISHNA IYER SRI.K.JAYAKUMAR THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------------------ C.R.P.NO.1992 OF 2001 (G) ----------------------------------------- Dated this the 30 th day of November, 2006. ORDER Petitioner is challenging the order of District Judge, Kasaragod in O.P.3/00, dismissing the transfer sought for. Petitioner herein filed the transfer application to transfer O.S.53/98 on the file of Munsiff Court, Kasaragod to Sub Court, Kasaragod. O.S.454/98 is a suit for partition, filed by the petitioner and pending before sub Court, Kasaragod. According to the petitioner suit property in O.S.53/98 which is pending before Munsiff Court, Kasaragod is one of the items of the property sought to be partitioned in O.S.454/98 and therefore both the suits are to be tried by the same court. Learned District Judge dismissed the petition for the sole reason that petitioner is not a party in O.S.53/98. Learned counsel appearing for petitioner pointed out that subsequently petitioner was impleaded as additional defendant in O.S.53/98 as per order in I.A.257/01 C.R.P.NO.1992 OF 2001 (G) 2 2. It is clear that subject matter in O.S.53/98 is one of the properties sought to he partitioned in O.S.454/98. Defendants in O.S.53/98 are also defendants in O.S.454/98. So also plaintiff in O.S. 53/98 is one of the plaintiffs in O.S.454/98. In such circumstances the order of the District Judge in O.P.3/00 is set aside. O.S.53/98 on the file of Munsiff Court, Kasaragod is withdrawn and transferred to Sub Court, Kasaragod for disposal. Learned Sub Judge may decide whether the suits are to be tried jointly or not. M.SASIDHARAN NAMBIAR, JUDGE. bkn