IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Tr.P(C).No. 337 of 2009() ------------------------- AS.154/2009 of ADDL. DISTRICT COURT, PARUR .................... PETITIONER(S): ------------------ JAYASREE, W/O. SATHYASEELAN, KARAYIL HOUSE, KIZHAKKEPARAM KARA, KOTTUVALLY VILLAGE, PARUR TALUK. BY ADV. SRI.BABU CHERUKARA SRI.ANZAR BASHEER RESPONDENT(S): ------------------ 1. BABY @ SATHY, D/O. KOCHUPILLAI, MAKKAPARAMBIL, KIZHAKKEPRAM MURI, KOTTUVALLY VILLAGE, PARAVUR TALUK. 2. SAVITHRY, W/O. M.E. DASAN, MAKKAPARAMBIL HOUSE, KIZHAKKEPRAM MURI, KOTTUVALLY VILLAGE, PARUR TALUK. 3. LATHIKA, D/O.M.E. DASAN, -DO- 4. SATHEESH, S/O.M.E. DASAN -DO- 5. KOMALAVALLY, W/O. LENIN, MAKKAPARAMBIL, -DO- 6. SREEDEVI, D/O. LENIN, W/O. MAHENDRAN, RESIDING AT ASWATHY, REPUBLIC ROAD, PARUR PAKUTHY. 7. UNNIKRISHNAN, S/O. LENIN, MAKKAPARAMBIL, KIZHAKKEPRAM MURI, KOTTUVALLY VILLAGE, PARUR TALUK. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- Tr.P.(C).No.337 OF 2009 -------------------------------- Dated this the 26th day of November 2009 ---------------------------------------------------------- ORDER Transfer petition is filed under Section 24 of the Code of Civil Procedure. Petitioner is the appellant in A.S No.154 of 2009 on the file of the Additional District Court, Paravur. That appeal arises from the decree and judgment passed in O.S No.370 of 1995 on the file of the Munsiff Court, North Paravur wherein petitioner was the plaintiff. Suit was dismissed against which petitioner has preferred the above appeal. In respect of the very same subject matter covered by the suit, the respondent herein had filed another suit as O.S No.375 of 1995 which too had been dismissed. An appeal preferred by the respondent against the decree passed in that suit as A.S No.29/2006 before the Additional District Court, North Paravur, it is submitted had also been dismissed. Against the decision rendered by the appellate court confirming the decree of the lower court, the respondent has preferred a second appeal and it is stated to be pending as R.S.A No.222/2009 before this court. The relief canvassed in the petition is for transfer of A.S No.154/2009 arising from the dismissal of the suit filed Tr.P.(C).No.337 OF 2009 Page numbers by the petitioner as O.S No.370/1995 so as to have a hearing of that appeal with R.S.A No.222/2009 already on the file of this court as preferred by the respondent as appellant against the dismissal of her suit. Having regard to the facts and circumstances presented, I find, a transfer as requested for by the petitioner cannot be granted. Two suits have been separately tried and disposed of, and in respect of one of them, the first appellate court has also confirmed the decision rendered by the lower court in the suit whereas the decision of the lower court in the other suit is even now pending in an appeal before the first appellate court. Even assuming of some identity in the disputes in the two suits suits, that cannot be determined by this court in the transfer petition. No transfer of the appeal preferred by the petitioner to this court can be granted in the given facts of the case invoking Section 24 of the Code of Civil Procedure. Petitioner can seek alternative remedy, if any, available under law, if so advised. Petition is closed. Sd/- S.S.SATHEESACHANDRAN, vdv //TRUE COPY// JUDGE P.A TO JUDGE