IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 Tr.P(C).No. 36 of 2009() ------------------------ OS.479/2008 of MUNSIFF COURT,ALUVA .................... PETITIONERS(S): -------------------- 1. HOUSE OF PLASTIC, A REGISTERED PARTNER- SHIP FIRM, REP.BY ITS PARTNERS- I)P.K.JOSE, AGED 60 YEARS, S/O.PONNORE KOCHUVARKEY, RESIDING AT PONNORE HOUSE, PAVARATTY VILLAGE AND DESOM, CHAVAKKAD TALUK, TRICHUR DIST. AND II)P.J.SEEJO, AGED 35 YEARS, S/O.PONNORE JOSE, RESIDING AT PONNORE HOUSE, PAVARATTY VILLAGE AND DESOM, CHAVAKKAD TALUK, TRICHUR DIST. 2. P.J.SAJI, AGED 36 YEARS, S/O.PONNORE JOSE RESIDING AT PONNORE HOUSE, PAVARATTY VILLAGE AND DESOM, CHAVAKKAD TALUK, TRICHUR DISTRICT. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENT(S): --------------- 1. PRESTIGE PLASTICS,INDUSTRIAL DEVELOPMENT AREA,ERUMATHALA, ALUVA, ERNAKULAM-683105 A REGISTERED PARTNERSHIP FIRM REPRESENTED BY THE MANAGING PARTNER V.K.SREEKUMAR, AGED ABOUT 52 YEARS, S/O.N.KRISHNAPILLAI, RESIDING AT 'MAYUR', THOTTUMUGHAM P.O., ALUVA, ERNAKULAM 683 105. 2. V.K.SREEKUMAR, AGED ABOUT 52 YEARS, S/O.N.KRISHNA PILLAI, RESIDING AT 'MAYUR', THOTTUMUGHAM P.O., ALUVA, ERNAKULAM 683 105, PARTNER, PRESTIGE PLASTICS, INDUSTRIAL DEVELOPMENT AREA, ERUMATHALA, ALUVA, ERNAKULAM-683 105. 3. R.MEERADEVI, AGED ABOUT 43 YEARS, W/O.V.K.SREEKUMAR, RESIDING AT 'MAYUR', THOTTUMUGHAM P.O., ALUVA, ERNAKULAM 683 105, PARTNER, PRESTIGE PLASTICS, INDUSTRIAL DEVELOPMENT AREA, ERUMATHALA, ALUVA, ERNAKULAM-683 105. Tr.P(C) NO.36/2009 2 4. MANOJ, AGED ABOUT 35 YEARS, S/O.KAKKOLIVEETTIL SANKARA PILLAI, KEEZHILLAM DESOM, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 5. UNION BANK OF INDIA, ALUVA BRANCH, ALUVA ERNAKULAM-683 101, REPRESENTED BY THE BRANCH MANGER. ADV. SRI.T.K.ABRAHAM FOR R1 TO R3 SRI.K.RAVIKUMAR FOR R4 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.36 of 2009 -------------------------------------- Dated this the 12th day of July, 2010. ORDER Petitioners are the plaintiffs in O.S.No.479 of 2000 of the court of learned Munsiff, Aluva. That is a suit to set aside the sale of property mentioned therein by respondent Nos.1 to 3 in favour of respondent No.4 as fraudulent and intended to defeat claim of petitioners as against respondent Nos.1 to 3. Petitioner No.1 filed O.S.No.1431 of 2008 in the court of learned Principal Sub Judge, Thrissur against respondent Nos.1 to 3 for realisation of Rs.7 lakhs and odd in a business transaction. Petitioner No.2 has filed O.S.No.857 of 2007 in the same court against respondent Nos.1 to 3 for recovery of Rs.31 lakhs and odd, also in connection with alleged business transaction. It is the case of petitioners in O.S.No.479 of 2000 that respondent Nos.1 to 3 transferred the property to defeat their claim in O.S.No.1431 of 2008 and 857 of 2007. Respondent Nos.1 to 3 in all the suits have denied their liability to the petitioners. Now the prayer in this petition is to transfer O.S.No.479 of 2000 from the court of learned Munsiff, Aluva to the court of learned Principal Sub Judge, Thrissur for joint trial with the suits pending in the latter court. Learned counsel for petitioners contend that since respondent Nos1 to 3 have denied their liability in all the suits a common question arises in all the suits whether respondent Nos.1 to 3 have any liability towards the petitioners and hence, to avoid divergent findings it is Tr.P.(C) No.36/2009 2 necessary that all the suits are tried and disposed of by the court of learned Sub Judge, Thrissur. I have heard learned counsel for respondents who maintained that the joint trial of the suits is not required. 2. Having regard to the facts and circumstances stated, I am inclined to think that it is appropriate that all the suits are disposed of by the same court. In the circumstance, O.S.No.479 of 2000 is to be transferred to the court of learned Principal Sub Judge, Thrissur. But the question of joint trial of the suits is a matter which learned Principal Sub Judge has to decide after hearing counsel on both sides. Resultantly, this petition is allowed in the following lines: i. O.S.No.479 of 2000 pending in the court of learned Munsiff, Aluva is withdrawn from that court and transferred to the court of learned Principal Sub Judge, Thrissur where O.S.Nos.1431 of 2008 and 857 of 2007 are pending. ii. Question whether those suits are to be tried and disposed of jointly shall be decided by the learned Principal Sub Judge having regard to the facts of the cases and after hearing counsel on both sides. iii. Learned Munsiff, Aluva shall transmit the records of O.S.No.479 of 2008 to the transferee court with due intimation to the counsel Tr.P.(C) No.36/2009 3 on both sides as to the date for appearance of parties in the transferee court. I.A.No.169 of 2009 will stand dismissed. THOMAS P.JOSEPH, Judge. cks