IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Tr.P(C).No. 238 of 2009() ------------------------------------ AS. 210/2004 & 213/04 of SUB COURT,KOTTARAKKARA .................... PETITIONER (S) ------------------------ C.P.VENUGOPALAN, AGED 55, S/O.PADMANABHAN ACHARI, CHITRANJALI, KOMALAMKUNNU, PUNALUR, KOLLAM. BY ADV. MR.G.BHAGAVAT SINGH RESPONDENT(S): -------------------------- 1. C.P.SARASWATHY, AGED 54, D/O.PARVATHY, MADHAVA SADANAM, PUNALUR, PATHANAPURAM. 2. GIRISH, AGED 26, S/O.SARASWATHY, MADHAVA SADHANAM, PUNALUR VILLAGE, PATHANAPURAM TALUK. 3. G.RAJAN PILLAI, AGED 42 YEARS, RAJ BHAVAN, KILIMANNUR, ATTINGAL. R1 TO R3 BY ADV. MR.A.RAJASIMHAN THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.(C).No.238 OF 2009 -------------------------- Dated this the 22nd day of September 2009 ------------------------------------- ORDER Petition filed for transfer of two appeals, A.S No.210 of 2004 and 213 of 2004 pending on the file of the Sub Court, Kottarakara to the District Court, Kollam to have an expeditious disposal of those appeals . Petitioner is the appellant in both the appeals. In view of the pendency of a number of old appeals and also a lot of old suits, the Sub Court, Kottarakara is unable to attend the above appeals and dispose it expeditiously is one of the grounds canvassed by the petitioner / appellant to seek the transfer of the appeals to the District Court, Kollam. Another ground canvassed by the petitioner is that in respect of the disputes covered by the appeals in a suit pending before the Munsiff Court, Kollam the Tr.P.(C).No.238 OF 2009 Page numbers defendant therein has raised a counter claim and so much so, the disposal of the appeal before consideration of that counter claim is necessary to safeguard the interest of the petitioner. So the petitioner seeks transfer of the appeals as prayed for in the petition. 2. The respondents have entered appearance through counsel. I heard the counsel on both sides. Having regard to the submissions made, I find, this court need not go into the merits of the grounds canvassed by the petitioner for the request of transfer, ie, transfer of the two appeals from the Sub Court, Kottarakara to the District Court, Kollam. Considering the fact that the appeals have been pending before the Sub Court, Kottarakara for the last five years I find transferring them at this stage to a different court would cause further delay in the disposal of Tr.P.(C).No.238 OF 2009 Page numbers the appeals. Whatever be the pendency of the cases before the Sub Court, in the given facts of the case, I find, top priority has to be given to the hearing of these appeals and they should be disposed of without further delay. I direct the learned Sub Judge, Kottarakara to hear and dispose the appeals A.S Nos.210/2004 and 213/2004 at the earliest giving it top priority in hearing and providing opportunity to the counsel on both sides to address arguments at the merits of the appeal, as expeditiously as possible, at any rate, before 31/01/2010. Writ petition is disposed with the above directions. Send a copy of the judgment to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv