IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 OP(C).No. 1101 of 2010(O) -------------------------------------- OP(TP).NO .42/2010 of DISTRICT COURT,TRIVANDRUM .................... PETITIONER -------------------- SAJEED, S/O. SHIHABUDEEN, T/C 5/1, SREENILAYAM, N.C.C.ROAD, AMBALA MUCKU, PEROORKADA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): --------------------------- 1. BASHEER M. PICHA @ MUHAMMED BASHEER,S/O. MYTHEEN PICHA,BAINDS 128,ABHAYA NAGAR,PEROORKARA P.O., -DO- VILLAGE,TVPM,HAVING PRESENT ADDRESS AT VILLA NO.981, ROAD NO.5024,BLOCK NO.950, ASKAR, MANAMA, BAHARIN(ORIGINALLY HAD ADDRESS AT MMP BLDGS, CHITTICKONATHU,CHITTUVITTU MURI,THOICKODU VILLAGE, NEDUMANGADU,PIN-695 541 2. INDIRA BASHEER, W/O. BASHEER M.PICHA, BAINDS 128,ABHAYA NAGAR,PEROORKARA P.O., -DO- VILLAGE,TVPM,HAVING PRESENT ADDRESS AT VILLA NO. 981,ROAD NO.5024,BLOCK NO.950, ASKAR,MANAMA, BAHARIN(ORIGINALLY HAD ADDRESS AT MMP BLDGS., CHITTICKONATHU,CHITTUVITTU MURI, THOLICKODU VILLAGE, NEDUMANGADU-695541 3. M.SHAJIDEEN, S/O. MYTHEEN PICHA, NO.39, PULICKAPARAMBIL, AMBALA NAGAR, KAZHANADU MURI, VATTAPPARA, VATTAPPARA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695 541. 4. B.M.RAFI, S/O. BADARUDEEN, RAFI MANZIL, NEDICHIRA THENGUMKARA MURI, KARIPPORU VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695 541. 5. JAPAMANI, S/O. JOSEPH, JSR HOUSE, MALAYADI, CHARUVITTU MURI, TOLICKODU VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT, PIN-695 541. R2 BY ADV. SRI. K.SHAJ SRI.SAJJU.S THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.1101/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DATED 19/6/2010 IN OP(TP) NO.42/2010 ON THE FILE OF THE DISTRICT COURT, THIRUVANANTHAPURAM. P2 COPY OF THE JUDGMENT IN O.S.NO.827/08 DATED 24/6/2009 ON THE FILE PRINCIPAL MUNSIFF'S COURT, NEDUMANGAD. P3 COPY OF THE OBJECTION FILED BY THE PETITIONER IN OP(TP) NO.68/2010 DATED 22/5/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1101 of 2010 --------------------------------------- Dated this 25th day of August, 2011 JUDGMENT Respondents are served. Second respondent appears through counsel. 2. Challenge is to the order passed by the learned District Judge, Thiruvananthapuram in O.P(T.P).No.42 of 2010 transferring O.S.No.827 of 2008 of the Court of learned Munsiff, Nedumangad to the Court of learned Sub Judge, Nedumangad. 3. It is pointed out by the learned counsel that at the time learned District Judge ordered transfer of the said case, the said case had been decided ex parte and only an application to set aside the ex parte decree was pending before the learned Munsiff. In the circumstance, it was not appropriate that the case was transferred to the Court of learned Sub Judge, it is contended. I have heard learned counsel for second respondent also. 4. It is only appropriate that the application to set aside the ex parte decree (if it is not already disposed of) is decided by the Court which passed the ex parte decree. As such, the application to set aside the ex parte decree in O.S.No.827 of O.P(C).No.1101 of 2010 -: 2 :- 2008 has to be heard and disposed of by the learned Munsiff, Nedumangad. The question of transfer of that case to the Court of learned Sub Judge, Nedumangad would arise only if learned Munsiff set aside the ex parte decree. Resultantly this original petition is disposed of as follows: Ext.P1, order passed by the learned District Judge, Thiruvananthapuram in O.P(T.P).No.42 of 2010 is modified to the extent that O.S.No.827 of 2008 of the Court of learned Munsiff, Nedumangad will be transferred to the Court of learned Sub Judge, Nedumangad only in case the learned Munsiff set aside the ex parte decree in that case. The application to set aside the ex parte decree (if not already disposed of) shall be decided by the learned Munsiff. (THOMAS P JOSEPH, JUDGE) Sbna/-