IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Tr.P(C).No. 104 of 2005() -------------------------- OS.252/2002 of MUNSIFF COURT, DEVIKULAM .................... PETITIONER: -------------- SOOSAMMA, AGED 55 YEARS, W/O. JOSEPH VARGHESE, RESIDING AT KAMANNUPALATHIL HOUSE, VAZHOOR KARA, VAZHOOR VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.A.X.VARGHESE RESPONDENTS: ---------------- 1. GRASAMMA CHACKO, AGED 57 YEARS, W/O LATE CHACKO, RESIDING AT KASVANADIYIL HOUSE, KOVILKADAVU, KANTHALLOOR VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. SAJAN, S/O. CHACKO, RESIDING AT KAVANADIYIL HOUSE, KOVIKADAVU, KANTHALLOOR VILLGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 3. SIMON, S/O. PAILY, RESIDING AT VELAYIL HOUSE, RAJAKUMARY KARA, RAJAKUMARY VILLAGE, UDUMBANCHOLA TALUK. 4. SHAJIMON, S/O. CHACKO, KAVANADIYIL HOUSE, KOVILKADAVU, KANTHALLOOR VILLAGE DEVIKULAM TALUK. BY ADV. SRI.GRASHIOUS KURIAKOSE THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------------------------- TR.P.(C)NO.104 OF 2005 ---------------------------------------------------------------- Dated this the 25TH day of January, 2008 O R D E R When this transfer petition came up for final hearing, the counsel for the respondent pointed out that in the light of Annexure A-3 order passed by the District Court under section 24 C.P.C., this transfer petition is not maintainable. She also brought to my notice the Division Bench decision of this court in Ariamma Sachariah v. Elizabeth Kurian (2004(2) KLT 988) wherein it was held that once an order is passed in a petition under section 24 C.P.C. by the District Court, that order can be challenged in appeal and the party cannot file a petition under section 24 C.P.C. for the same cause of action before the High Court. For the said reasons, I am of the view that that this transfer petition is not maintainable. Hence the transfer petition is dismissed. (HARUN-UL-RASHID, JUDGE) dsn