IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 27TH NOVEMBER 2006 / 6TH AGRAHAYANA 1928 Tr.P(C).No. 292 of 2006() --------------------------------- (TO TRANSFER/WITHDRAW AS 116/2002 PENDING ON THE FILES OF SUB COURT, NORTH PRAVOOR TO THIS HON'BLE COURT FOR HEARING AND DISPOSAL OF THE SAME WITH A.S.136/2001 PENDING BEFORE THIS COURT) .................... PETITIONERS/APPELLANTS/PLAINTIFFS -------------------------------------------------- 1. K.P.KURIAKOSE, S/O. PATHROSE, KUZHIVELI HOUSE, PUTTUMANNOOR KARA, PUTHENCRUZ VILLAGE. 2. K.V.PAILY KUNJU, S/O. VARKEY, KANNETHU HOUSE, VADAYAMPADI KARA, AIKKARANADU SOUTH VILLAGE. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS: RESPONDENTS/DEFENDANTS ------------------------------------------------------------------- 1. ST. PETER'S AND ST. PAUL'S ORTHODOX SYRIAN CHURCH, PUTHENCRUZ TOWN, PANNIKKUZHY KARA, PUTHENCRUZ VILLAGE, REP. BY VICAR, FR. ABRAHAM VALAYIL, VALAYIL HOUSE, ELAMKULAM KARA, AIKKARANADU SOUTH VILLAGE, KOLENCHERY P.O. 2. P.T.ITTAN PILLAI, S/O. THOMMAN, PAVUDATHU HOUSE, VADAYAMPADY KARA, AIKKARANADU SOUTH VILLAGE. 3. FR. ISSAC, EDAPPILLIMATTOM HOUSE, VADAVUCODE KARA, AIKKARANADU SOUTH VILLAGE. 4. P.C.YOHANNAN, S/O. PAILY, CHERUTHOTTIL HOUSE, PUTTUMANNOOR KARA, PUTHENCRUZ VILLAGE. 5. K.K.MATHAI, S/O. KURIAN, KAVANAL HOUSE, PUTTUMANOOR KARA, PUTHENCRUZ VILLAGE. BY THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2006, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. -------------------------- Tr.P.(C)NO.292 OF 2006 ------------------------- DATED THIS THE 27th DAY OF NOVEMBER, 2006 ORDER Petitioners are the appellants in A.S.116/02 on the file of Sub Court, North Paravoor. This petition is filed to call for that appeal to this Court to be heard along with A.S.136/01. The case of petitioner is that A.S.116/02 was filed challenging the decree and judgment in O.S.68/94 on the file of Munsiff Court, Perumbavoor and that suit was dismissed basing on the judgment in O.S.162/77 and that judgment is challenged in A.S.136/01 and therefore A.S.116/02 is also to be heard along with A.S.136/01. The argument of learned Counsel appearing for petitioners is that to prevent multiplicity of proceedings, it is necessary to order transfer. 2. On the facts, I do not find it is necessary to transfer A.S.116/02 to this Court to hear that appeal along with A.S.136/01. The apprehension of petitioners is that if A.S.116/02 is to be heard before the disposal of A.S.136/01, petitioners may have to prefer another appeal. I do not find it just or proper to order transfer to avoid the filing of a second appeal in A.S.116/02 by petitioners. Petition dismissed. M.SASIDHARAN NAMBIAR,JUDGE Acd