IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Tr.P(C).No. 47 of 2009 ------------------------------------ OS.29/2008 of II ADDL.SUB COURT, TRIVANDRUM .................... PETITIONER/PLAINTIFF: SANULABDEEN, S/O JAMAL MUHAMMED, SABEEL MANZIL,CHULLIMANOOR, ANAD VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.S.V.BALAKRISHNA IYER, SR. SRI.THOMAS ABRAHAM SRI.A.SAMPATH SRI.DIPU.R SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENTS/DEFENDANTS: 1. O.M.ABDUL RASHEED, S/O ABDUL HAMEED, MANAGING DIRECTOR, HOTEL SAMANA TOWER, MANJERI, MALAPPURAM,RESIDING AT OTTAKATHU MANGARATHODY, HOUSE NO.20/444, ARUKIYA DESOM, MANJERI VILLAGE, ERANAD TALUK, MALAPPURAM DIST. 2. K.M.ABDUL KAREEM, S/O.MUHAMMADAJI, MANAGING DIRECTOR,HOTEL CITY(PVT)LTD, KATTAYATTUMADAM,HOUSE NO:IX/325, NELLIKKAPARAMBU, KAKKAD, KOZHIKODE DIST. ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID SMT.NAMITHA JYOTHISH THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. -------------------------- Tr.P.(C)No.47 of 2009 -------------------------- ORDER Heard counsel on both sides. 2. This is a petition filed by the plaintiff in the suit for transfer of O.S.No.29/08 from the Court of II Additional Sub Judge, Thiruvananthapuram. 3. Sri.Khalid, counsel for the respondents submits that he has no objection to the transfer requested for by the petitioner/plaintiff, but that the transfer ordered shall not result in failure to dispose of the suit within the period of four months specified in the judgment in F.A.O.No.226/08 passed by a Division Bench of this Court on 25.11.2008. 4. As per the aforesaid judgment, this Court directed the trial court to dispose of the suit itself within a period of four months from the date of receipt of a copy of the judgment. Both sides submit that as per the above direction, the last TPC 47/09 2 date to dispose of the suit will be 11.4.2009, as probably, copy of judgment in FAO was received by the court below only on 10.12.2008. It is further submitted that the case stands posted for trial in the list to 16.2.2009 after deposit of the balance court fee on 14.1.2009 and that there was no posting even for taking pre-trial steps. 5. In view of the submissions made, which are not disputed by the counsel for the respondents, I order that the suit O.S.No.29/08 listed for trial on 16.2.2009 shall stand removed from the list and shall stand transferred to the Principal Sub Court, Thiruvananthapuram. The II Additional Sub Court, Thiruvananthapuram shall transmit the records to the Principal Sub Court, Thiruvananthapuram forthwith. On receipt of records, the Principal Sub Judge shall give a formal posting of the case on 16.2.2009. The parties are allowed to take pre- trial steps, if any, by 16.2.2009 and if, for any reason, the parties ask for extension, a further TPC 47/09 3 time of ten days also shall be granted, but, in any event, the suit shall stand included for trial in the list on 16th, 17th or 18th of March, 2009 as is suitable and convenient for the Principal Sub Judge. The submission that the last date to dispose of the suit is only 11.4.2009 is ignored, as it is not the concern of the Lawyers or the parties when a direction is given to the court below to dispose of the suit within a specified time on the request made before this Court by the parties in any proceedings. The time granted by this Court is for the Officer to dispose of the suit and it is not enough that the entire time allowed by this Court is given to the parties to protract the litigation and then to put the Officer to the predicament of writing the judgment thereafter, for which, if there is one or two days delay, he may have to write to this Court for condonation of delay. When the suit is listed, no party shall be entitled to ask for adjournment, as this order is being passed TPC 47/09 4 on consent of counsel on both sides and the parties are bound to obey the oral undertaking given by the counsel at the time of passing of this order. The transfer petition is allowed and is disposed of with the above directions. 5th February, 2009 (K.P.Balachandran, Judge) tkv