IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 Tr.P(C).No. 84 of 2006() ------------------------ OS.14/2004 of MUNSIFF COURT, IDUKKI .................... : PETITIONER/1ST DEFENDANT ------------------------------------------ BINDU JACOB, AGED 27 YRS, PARAMBUKATTU HOUSE, PASUPARA KARA, VAGAMON VILLAGE, PEERMEDU TALUK. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: PLAINTIFF AND DEFENDANTS 2 & 3 -------------------------------------------- 1. MARY, W/O. JOSEPH, AGED 62 YRS, KALAMBEL (MUNDACKAL), MANJAPPARA KARA, IDUKKI VILLAGE. 2. BAISY, S/O. JOSEPH, AGED 42 YRS, KALAMBEL (MUNDACKAL), MANJAPPARA KARA, IDUKKI VILLAGE, THODUPUZHA TALUK. 3. THE FEDERAL BANK LTD., KARIMBAN BRANCH, IDUKKI VILLAGE, THODUPUZHA TALUK, REPRESENTED BY ITS MANAGER. BY ADV. SRI.N.P.SAMUEL THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 1218/06 IN Tr.P.C 84/06 DISMISSED 22.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- Tr.P.C. NO. 84 OF 2006 --------------------- Dated this the 22nd day of January, 2008 ORDER This petition is filed with a prayer to transfer O.S. 14/04 pending before the Munsiff Court, Idukki, to any other Munsiff Court of Ernakulam in the interest of justice. The plaintiff in the suit is the 1st respondent herein. I am informed that the 2nd defendant, who is the 2nd respondent herein, has not entered appearance and is not contesting the case. The 3rd defendant has entered appearance. The grounds laid in the transfer petition are that there is a threat to the transfer petitioner from the plaintiff and the 2nd respondent and their family members to prosecute the case in Idukki. It is also averred that the Presiding Officer is prejudiced. But it is not supported by any evidence. Taking into consideration the facts and circumstances of the case and to avoid unnecessary embarrassment, I feel it is a fit case where O.S. 14/04 pending before the Munsiff Court, Idukki can be transferred to the Munsiff Court, Kattapana, for trial and disposal. The Munsiff Court, Idukki, is directed to transfer the case to Munsiff Court, Kattapana. The transfer petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps