IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Tr.P(C).No. 111 of 2011() ------------------------- OS.4/1965 of II ADDL.SUB COURT,TRIVANDRUM .................... PETITIONER: -------------------- ABDUL RAHMAN KUNJU NAZARUDEEN, TC 12/705, VAZHUTHACAUD, NOW RESIDING AT ANIL BHAVAN,MAITHANAM, VARKALA, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAVEENDRAN RESPONDENT(S): --------------- 1. KOCHAYYA,NAYANANKONATHU CHERUVILA, PUTHEN VEEDU, NAVAYIKULAM P.O. 2. SASIKALA,NIKHIL NIVAS,TC 76/501. KILIKUNNAM LANE, ANAYARA P.O, THIRUVANANTHAPURAM. 3. MUHAMMED FATHIMA, THEKKEVILA, EDAVA, THIRUVANANTHAPURAM. 4. MOLLY GEORGE, LILLY LANE, TC 26/2097 STATUE ROAD, G.P.O THIRUVANANTHAPURAM. 5. JANARDHANAN CHETTIYAR,TC 76/698, CHAITHANYA, ANAYARA P.O, THIRUVANANTHAPURAM. 6. T.K.THOMAS,ADVOCATE AND RECEIVER EAST OF DISTRICT COURT, THIRUVANANTHAPURAM. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Tr.P(C) No.111 of 2011 ------------------------------------- Dated this the 5th day of April 2011 Judgment In this petition under Section 24 of the CPC, the petitioner wants to have OS No.4/65 pending before the Second Additional Sub Court, Thiruvananthapuram to the Principal Sub Court, Thiruvananthapuram. The petitioner had moved a petition before the District Court, Thiruvananthapuram as OP(TP) No.487/10. The court below, by a well considered judgment, dismissed the said petition, giving cogent and convincing reasons as to why the transfer as sought by the petitioner cannot be made. I find no reason to interfere with the order of the court below. But the learned counsel for the petitioner expressed an apprehension that while dismissing the petition for transfer, the court below has made some observations regarding the merits of the issues raised in the suit and that may adversely affect the decision of the issues in raised in the suit, by the court concerned. The apprehension of the petitioner is only misplaced. However, it is made clear that the court below before which the suit Tr.P(C) 111/11 2 filed by the petitioner is pending, shall dispose of the same in accordance with law, untrammeled by any of the observations contained in the order passed by the court below in the transfer petition filed by him. The Transfer Petition is disposed of as above. P.Bhavadasan, Judge sta Tr.P(C) 111/11 3