IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Tr.P(C).No. 5 of 2008() ----------------------- AS.309/2004 of DISTRICT COURT,KOZHIKODE .................... PETITIONER -------------- THE ADMINISTRATOR, GURUVAYUR DEVASWOM, GURUVAYUR. BY ADV. SRI.N.RAJAGOPALAN NAIR RESPONDENTS: ---------------- 1. C.VELAYUDHAN, S/O.RAMAN, AGED 50 YEARS, CHANAYIL HOUSE, NORTH BEYPORE-POST, NADUVATTOM AMSOM AND DESOM OF KOZHIKODE TALUK. 2. THE EXECUTIVE OFFICER, KANNANCHERI SREE MAHA GANAPATHY TEMPLE, KANNANCHERI P.O., KALLAI. 3. UNITED INDIA INSURANCE COMPANY, GURUVAYUR BRANCH, GURUVAYUR. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.No.23/08 IN TR.P.(C)5/08 //DISMISSED// 03.01.2008 SD/-(M.N.KRISHNAN, JUDGE) M.N.KRISHNAN,J. -------------------------------------------------------- Tr.P.(C) .No.5 OF 2008 -------------------------------------- DATED THIS THE 3rd DAY OF JANUARY, 2008 O R D E R This transfer petition is filed with a prayer to withdraw A.S.No.309/04 pending before the District Court, Kozhikode-I to this court. Two appeals have been preferred against the same decree and one appeal is pending here as R.F.A.No.326/04. It is submitted that interest of justice requires that both the appeals be heard by the same court. There is considerable force in the said contention and therefore the transfer petition is allowed and A.S.No.309/04 pending before the District Court, Kozhikode is withdrawn to this court and the District Judge, Kozhikode is directed to transfer the same. After receipt of the records, the Registry is directed to re-number the appeal and post it along with R.F.A.No.326/04. Since I am disposing of the matter in the admission stage itself, learned District Judge is directed to give intimation to both parties regarding the withdrawal and transfer. The transfer petition is disposed of accordingly. M.N.KRISHNAN, JUDGE. dsn