IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 OP(C).No. 3896 of 2011(O) ------------------------------------- [OS.NO.117/2011 OF SUB COURT, THIRUVALLA] .................... PETITIONER: ------------------- K.C.SOMAN,S/O.CHACKO,KOONOOR THADATHEL HOUSE, PURAMATTOM VILLAGE, VENNIKULAM P.O, MALLAPPALLY TALUK. BY ADVS. SRI.SATHISH NINAN, SRI.SANTHOSH MATHEW, SRI.ARUN THOMAS, SRI.JENNIS STEPHEN. RESPONDENTS: ------------------------ 1. SMT.MARYKUTTY MATHULLA,W/O.MATHULLA, KOODATHUNKAL HOUSE,PURAMATTOM VILLAGE, VENNIKULAM P.O,MALLAPPALLY TALUK, PIN - 689 544. 2. SRI.GEORGE MATHULLA,S/O.MATHULLA, KOODATHUNKAL HOUSE,PURAMATTOM VILLAGE, VENNIKULAM P,O,MALLAPPALLY TALUK, PIN - 689 544. 3. SRI.C.G.THOMAS,S/O.GEVARGHESE, CHURULUKUZHIYIL HOUSE,PURAMATTOM VILLAGE, VENNIKULAM P.O, MALLAPPALLY TALUK, PIN - 689 544. 4. SRI.JEROME THOMAS,S/O.THOMAS, KAKKUDIYIL HOUSE,PURAMATTOM VILLAGE, VENNIKULAM P.O, MALLAPPALLY TALUK, PIN - 689 544. 5. SRI.ROY VARKEY,S/O.VARKEY, ANGADIPATTUPARAMBIL HOUSE,PURAMATTOM VILLAGE, VENNIKULAM P.O, MALLAPPALLY TALUK, PIN - 689 544. O.P.(C).NO.3896/2011-O: 6. SRI.V.R.ANANDAN,S/O.V.N.RAGHAVAN, VELANPARAMBIL HOUSE,PURAMATTOM VILLAGE, VENNIKULAM P.O, MALLAPPALLY TALUK, PIN - 689 544. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.3896/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: PHOTOCOPY OF OS NO.117/2011 ON THE FILES OF THE SUB COURT,THIRUVALLA. EXHIBIT P2: PHOTOCOPY OF OS NO.116/2011 ON THE FILES OF THE SUB COURT,THIRUVALLA. EXHIBIT P3: PHOTOCOPY OF OS NO.257/2008 ON THE FILES OF THE SUB COURT,THIRUVALLA. EXHIBIT P4: PHOTOCOPY OF WRITTEN STATEMENT IN OS NO.257/2008 FILED BEFORE THE SUB COURT, THIRUVALLA. EXHIBIT P5: PHOTOCOPY OF THE ORDER IN IA NO.1192/2011 IN OS NO.117/2011 OF THE SUB COURT, THIRUVALLA. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3896 of 2011 ==================================== Dated this the 30th day of November, 2011 J U D G M E N T Petitioner is the plaintiff in O.S. No.117 of 2011 of the court of learned Sub Judge, Thiruvalla filed against respondents 2 to 5 for a declaration of right of easement over the way referred to in the suit. That suit was originally filed in the court of learned Munsiff, Thiruvalla as O.S. No.382 of 2008. First respondent filed O.S. No.397 of 2008 before the learned Munsiff, Thiruvalla against petitioner for a decree for prohibitory injunction concerning a portion of the way referred to in O.S. No.117 of 2011. The 6th respondent filed O.S. No.257 of 2008 in the court of learned Sub Judge, Thiruvalla against respondents 1 and 4, also claiming right of access through a portion of the way referred to in O.S. No.117 of 2011. Learned District Judge, Pathanamthitta as per order in O.P(Tp.) No.22 of 2010 ordered withdrawal of O.S. Nos.382 and 397 of 2008 from Munsiff's Court, Thiruvalla and made over the same to the Sub Court, Thiruvalla for trial with O.S. No.257 of 2008. O.S. No.382 and 397 of 2008 which were transferred to the Sub Court, Thiruvalla were renumbered as O.S. No.117 and 116 of 2011, respectively. O.P(C) No.3896 of 2011 -: 2 :- 2. Petitioner filed I.A. No.1192 of 2011 in O.S. No.117 of 2011 to return the suit to the court of learned Munsiff, Thiruvalla. That application was dismissed by the learned Munsiff as per order dated 10.11.2011 which is under challenge. 3. So far as the order impugned is concerned, contention of learned counsel is that going by the valuation for jurisdiction that suit ought to be filed before learned Munsiff, Thiruvalla. But that argument cannot stand since it was as per order of the learned District Judge in O.P(Tp.) No.22 of 2010 that the said case was transferred to the Sub Court and renumbered as O.S. No.117 of 2011. 4. It is pointed out by learned counsel in O.S. No.257 of 2008 pending in the Sub Court, Thiruvalla and filed by the 6th respondent against respondents 1 and 4, in the written statement there is a contention that as per valuation the suit ought to be filed in the court of learned Munsiff, Thiruvalla and that issue has not so far been decided. Learned counsel requested that the learned Sub Judge may be directed to decide that issue involved in O.S. No.257 of 2008. O.P(C) No.3896 of 2011 -: 3 :- Having regard to the circumstances stated learned Sub Judge, Thiruvalla is directed to decide the jurisdictional issue if any involved in O.S. No.257 of 2008 as early as possible. Original Petition is closed with the above direction. THOMAS P. JOSEPH, JUDGE. vsv