IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 Tr.P(C).No. 14 of 2008() ------------------------ OS 109/05 AND OS.42/2006 of MUNSIFF COURT, PALA .................... PETITIONER --------------- TOM THOMAS, S/O.N.J.THOMAS, AGED 57 YEARS, NILACKAPPILLIL HOUSE, VI/216-A, THRIKKAKARA P.O., KANAYANNOOR TALUK, ERNAKULAM (DISTRICT). BY ADV. SRI.P.J.JOSEPH PANIKKASSERY RESPONDENTS: ------------- 1. ANNAMMA, W/O.N.J.THOMAS, AGED 92 YEARS, NILACKAPPILLIL HOUSE, KUDAKKACHIRA KARA P.O., VELLICHIRA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT. 2. THOMAS JOSEPH, S/O.THOMAS, AGED 68 YEARS, NILACKAPPILLIL HOUSE, KOLLEMKODU VILLAGE P.O., CHITTOOR TALUK, PALAKKAD DISTRICT. 3. N.T.FRANCIS, S/O.THOMAS, AGED 65 YEARS, NILACKAPPILLIL HOUSE, KADAKKACHIRA P.O., VALLICHIRA VILLAGE, MEENACHIL TALUK. 4. ABRAHAM THOMAS, S/O.THOMAS, NILACKAPPILLIL HOUSE, LALAN VILLAGE, PALA P.O., MEENACHIL TALUK, KOTTAYAM (DIST). 5. CICILYAMMA THOMAS, AGED 50 YEARS, W/O.GEORGE VARGHESE, ADVOCATE, NARAYIRPARAMBIL HOUSE, SAJEED COMPLEX, DORASWAMY IYER ROAD, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. 6. SHEELA, W/O.ABRAHAM THOMAS, NILACKAPPILLIL HOUSE, LALAN VILLAGE, PALA P.O., MEENACHIL TALUK, KOTTAYAM DISTRICT. 7. REV.SR.MERCY TOM REPRESENTED BY MOTHER SUPERIOR PROVINCIAL HOUSE, CARMALITE CONVENT, LALAM VILLAGE, PALA PO., KOTTAYAM DISTRICT. R3, R4 & R6 BY SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI SRI. AJITHKUMAR C.K. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 64/08 IN Tr.P.C 14/08 DISMISSED 28.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 14 OF 2008 --------------------- Dated this the 28th day of January, 2008 ORDER This transfer petition is preferred with a prayer to transfer OS 109/05 and OS 42/06 pending before the Munsiff Court, Pala, to the Sub Court, Pala, where OS 132/06 is pending. 2. After hearing both sides, it is seen that OS 42/06 is a suit filed for setting aside two documents namely 3027 & 3028 of 2001 executed by the father in favour of the wife of 4th respondent and also for partition. OS 109/05 instituted by another brother of the petitioner for setting aside the document executed by the father in favour of his wife. OS 132/06 is a suit filed for partition on the ground that one of the sisters has renounced in vow and therefore her right also become partible and so it has also to be partitioned. So far as suits pending before the Munsiff court, Pala is concerned, it is to be stated that the document executed by the father is challenged on the ground of his incapacity to execute the document. 3. Learned counsel for the respondents would submit that there are other contentions also just like a family arrangement which will nullify the contentions of the party therein to get a partition. 4. Whatever it is, the larger question involved in these two suits are regarding the mental capacity of the father. I feel even if there will be Tr.P.C. No. 14/08 2 another issue regarding some other factor, there is nothing wrong in making a joint trial where the suits are pending. Therefore I allow OS 109/05 and OS 42/06 to be tried jointly by the Munsiff. So far as OS 132/06 is concerned, it relates to the right of a sister, who has renounced, and it does not relate to the mental capacity of the father. Therefore, there is no common issued involved except the fact that if partition is allowed it may also be an item available for division. This court has held that unless there are circumstances which affects the parties, the suit will not be bad for partial partition. There is no need to consider this case with other two suits, where some other contentions are involved. Therefore, the transfer petition is disposed of as follows: I direct the Munisff, Pala to try OS 109/05 and OS 42/06 jointly and direct the Subordinate Judge, Pala to try OS 132/06 independently. The prayer to transfer OS 109/05 and OS 42/06 to the Subordinate Judge's Court, Pala for joint trial along with OS 132/06 stands disallowed. M.N.KRISHNAN, JUDGE vps Tr.P.C. No. 14/08 3