IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No.33874 of 2008 (G) ---------------------------------- OS.146/2008 of SUB COURT, CHENGANNUR .................... PETITIONER: --------------- SHANTHAMMA,GOPALAKRISHNA MANDIRAM BUDHANOOR P.O., ENNAKKATTU VILLAGE ALAPPUZHA DISTRICT. BY ADV. SRI.J.DEVADANAM SRI.PRAMOD J.DEV RESPONDENT: ---------------- VISWANATHAN, VADAKOTTIL HOUSE BUDHANOOR P.O., ENNAKKATTU VILLAGE, ALAPPUZHA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C No.33874 of 2008 ------------------------------------------------ Dated this the 17th day of November, 2008 JUDGMENT Petitioner is the first plaintiff in O.S.146/08 instituted by herself and her husband against the respondent before the Munsiff's Court, Chengannur for fixation of boundary of the suit property. O.S.102/08 on the file of the Munsiff's Court, Chengannur is another suit filed by the petitioner, her husband and her son for eviction of the respondent from the scheduled property. In relation to the very same property, it is submitted that the respondent has filed O.S.146/08 before the Sub Court, Chengannur for declaration of his title which he is alleged to have perfected by adverse possession and limitation and also for injunction. The suit O.S.146/08 is listed for trial to 20/11/08. A petition filed under W. P. C No.33874 of 2008 -2- Section 10 of the C.P.C by the petitioner in O.S.146/08 is dismissed vide Ext.P5 order. It is submitted that the petitioner has filed transfer petition No.79/08 evidenced by Ext.P6 before the District Court, Alappuzha and the respondent has filed Ext.P7 caveat petition before the District Court and consequently, the District Judge has ordered notice to the Caveator and no order could be obtained. The prayer of the petitioner, therefore, is to set aside Ext.P5 order passed by the Sub Judge, Chengannur and to stay the proceedings in O.S.146/08 on the file of the Sub Court, Chengannur till transfer petition No.79/08 is disposed of by the District Judge, Alappuzha. 2. I have gone through Ext.P5 order passed by the Sub Judge. I do not see any reason to reverse the said order and prayer to set aside Ext.P5 order, therefore, is W. P. C No.33874 of 2008 -3- rejected. The grievance that on transfer petition No.79/08 notice had been ordered to the Caveator and therefore, no interim order could be obtained and therefore, this Court is to order relief staying further proceedings in O.S.146/08 also is not of much merit. When the respondent has filed caveat before the petitioner filing transfer petition No.79/08, service on the respondent was very easy and feasible as notice could be served on the counsel through whom caveat was filed. Instead according to the counsel for the petitioner, notice was being taken out to the respondent direct to his address. The petitioner himself having adopted methods by which he has disabled the court from passing orders on interlocutory petitions, there is no much merit in the complaint that the District Judge has not passed orders on transfer petition W. P. C No.33874 of 2008 -4- No.79/08. However, in the circumstances of the case, I direct the petitioner to serve copy of the transfer petition on the counsel appearing for the respondent/Caveator before the District Court and to move the District Court to have the hearing of transfer petition No.79/08 advanced and appropriate orders passed thereon during this week itself. In the meanwhile, trial of O.S.146/08 pending before the Sub Court and which is stated to be posted to 20/11/08 shall stand adjourned to 29/11/08 before which date the District Judge shall pass appropriate orders on the transfer petition. The petitioner is to produce a copy of this judgment before the District Judge before whom transfer petition No.79/08 is pending with notice to the respondent's counsel as this Writ Petition is being disposed of without notice to the respondent. W. P. C No.33874 of 2008 -5- Issue copy to the counsel for the petitioner urgently. 3. This writ petition is disposed of accordingly. K.P.BALACHANDRAN, JUDGE kns/-