IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 WP(C).No. 38071 of 2007(G) -------------------------- OPTP.32/2007 of DISTRICT COURT, PATHANAMTHITTA OS.560/2005 of MUNSIFF COURT,PATHANAMTHITTA .................... PETITIONER: ------------ KAMALASANAN, AGED 56 YEARS, S/O. KRISHNAN, PANCHACKAL HOUSE, KAREMVELI P.O., NELLIKALA, KOZHENCHERRY TALUK,PATHANAMTHITTA. BY ADV. SRI.N.N.SASI RESPONDENTS: ------------- 1. T.K. JOSHUA, AGED 60 YEARS, S/O. KOSHY, KATHANAR, THYKUTTATHIL PUTHENPEEDIKA, OMALLOOR P.O., PATHANAMTHITTA, NOW RESIDING AT THYKUTTATHIL, KOLENCHERRY, ERNAKULAM. 2. THOMAS KOSHY, AGED 56 YEARS, S/O. KOSHY KATHANAR, THYKUTTATHIL PUTHENPEEDIKA, OMALLOOR P.O., PATHANAMTHITTA, NOW RESIDING AT AVITTATHIL, KARUVATTA MURI, ADOOR VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.SAJI SANKARAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.38071/07 PETITIONER'S EXTS. EXT.P1: COPY OF PLAINT IN O.S.No. 560/05 BEFORE THE MUNSIFF COURT, PATHANAMTHITTA. EXT.P2: COPY OF WRITTENS TATEMENT IN THE ABOVE SUIT. EXT.P3: COPY OF ORDER IN I.A.No.2536/05 IN O.S.No. 560/05 OF MUNSIFF COURT DATED 20.02.2006. EXT.P4: COPY OF COMMISSION REPORT DTD.24.12.2006 IN O.S.No. 560/05. EXT.P5: COPY OF ALLOTMENT LETTER DTD.19.1.2006 ISSUED IN FAVOUR OF PETITIONER'S WIFE BY HINDUSTAN PETROLIUM CORPN.LTD. EXT.P6: COPY OF SANCTION ORDER OF IRRIGATION DEPT. AND PWD. DEPT. EXT.P7: COPY OF O.P.(T.P.)NO.32/07 FILED BY RESPONDENTS BEFORE DISTRICT COURT, PATHANAMTHITTA. EXT.P8: COPY OF OBJECTION TO ABOVE O.P.(T.P.)FILED BY PETITIONER AND HIS WIFE. EXT.P9: COPY OF I.A.No.1301/07 IN OS.36/06 BEFORE SUB COURT, PATHANAMTHITTA. EXT.P10: COPY OF I.A.No.1196/07 IN O.P.(T.P.)NO.32/07 BEFORE DISTRICT COURT FILED BY PETITIONER U/S.24(2) AND 24(5) OF C.P.C. EXT.P11: COPY OF PASSPORT OF PETITIONER AND HIS WIFE EVIDENCING THAT THEY ARE AWAITING IN STATION FOR ADDUCING EVIDENCE AT AN EARLY DATE. TRUE COPY M.N.KRISHNAN,J. -------------------------------------------------------- W.P.(C)No.38071 OF 2007 G -------------------------------------- DATED THIS THE 3RD DAY OF JANUARY, 2008 J U D G M E N T This writ petition is filed for a direction to the Munsiff, Pathanamthitta to dispose of O.S.No.560/05 and for a further direction to the District Court, Pathanamthitta to dispose of O.P.(T.P.)No.32/07. 2. Heard the counsel for both sides. The respondents in the writ petition have moved the application for transfer on the ground that the point involved in O.S.No.560/05 pending before the Munsiff Court, Pathanamthitta and in O.S.No.36/06 pending before the Subordinate Judge's Court, Pathanamthitta are the very same and so the case in the Munsiff Court should be transferred to the Sub Court, for joint trial and disposal. Much water has flown thereafter and the plaintiff in O.S.No.36/06 has filed an application for amendment of the plaint whereby the claim for damages is reduced to one lakh and that the amendment has been allowed. So, when the amendment is allowed, naturally the plaint has to be returned back for presenting before the Munsiff Court and therefore in effect the prayer in the transfer petition has become infructuous. At the same time, both the parties have no grievance that the matter be tried jointly by the Munsiff Court. The anxiety expressed by the learned counsel for the W.P.(C)No.38071/07-G 2 writ petitioner is regarding the proper functioning of the petrol pump which is a matter that has to be adjudicated in the suit. Accordingly, I dispose of the writ petition as follows: 1). I direct the Subordinate Judge, Pathanamthitta to return the plaint in O.S.No. 36/06 by fixing a date of appearance, giving notice to the defendants in that suit. 2). The defendants are directed to file a written statement within a period of two weeks from the date fixed for appearance of the parties and thereafter frame issues and direct the plaintiff to pay court fee within a very reasonable time and thereafter if the plaintiff wants any steps to be taken, permit him to take steps in time and thereafter try O.S.No.560/05 along with the case which is to be re-presented before the said court. The court shall consider the applications filed by the parties taking care of the urgency expressed and dispose of the suit itself by including it in the special list within a period of two months from the date of the first appearance of the parties after the return of the plaint. The learned Subordinate Judge shall return the plaint as expeditiously as possible. M.N.KRISHNAN, JUDGE. dsn