IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 Tr.P(C).No. 28 of 2009() ------------------------ OS.239/2006 of MUNSIFF'S COURT,HARIPAD .................... PETITIONER (S): ------------------------- SUBRAHMANYAN NAMBOOTHIRI, AGED 53 YEARS, S/O.SUBRAHMANYAN NAMBOOTHIRI, KARINGAMAN ILLOM, ANARI MURI, CHERUTHANA VILLAGE. BY ADV. MR.S.MOHANAN RESPONDENT(S): --------------------------- 1. SUBRAHMANYAN NAMBOOTHIRI, AGED 58 YEARS, S/O.VISHNU NAMBOOTHIRI, CHELIVALLIYIL ILLOM, KARICHAN MURI, VEEYAPURAM VILLAGE. 2. PRASANNA, AGED 48 YEARS, W/O.SUBRAHMANYAN NAMBOOTHIRI, DO.DO. 3. VISHNU, AGED 22 YEARS, S/O.SUBRAHMANYAN NAMBOOTHIRI, DO.DO. 4. PREETHA, AGED 20 YEARS, D/O.PRASANNA, DO.DO. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- Tr.P.(C).NO.28 OF 2009 () ----------------------------------- Dated this the 18th day of January, 2010 O R D E R Petition for transfer is filed under Section 24 of the Code of Civil Procedure. Petitioner is one among the plaintiffs in O.S.No.239 of 2006 on the file of the Munsiff Court, Harippad. Suit is one for declaration of title, recovery of possession and injunction, and the respondents are the defendants. In respect of the very same property covered by the above suit, the 1st respondent as plaintiff filed another suit O.S.No.129 of 2004 before the Sub Court, Mavelikkara. That suit has been filed seeking the relief of declaration of tenancy right over the suit property. The present petitioner seeks for transfer of O.S.No.239 of 2006 on the file of the Munsiff Court, Harippad to the Sub Court, Mavelikkara, where O.S.No.129 of 2004 is pending so as to have a joint trial and disposal of both the suits. 2. Though notice was served on the respondents, none TPC.28/09 2 of them has entered appearance. I heard the learned counsel for the petitioner. Copy of the plaint in O.S.No.239 of 2006 pending on the file of the Munsiff Court, Harippad and also the copy of the plaint in O.S.No.129 of 2004 on the file of the Sub Court, Mavelikkara have been produced with the petition. Perusing the copies of the plaint in the respective suits, I find that the request for transfer in the given facts cannot be allowed. O.S.No.129 of 2004 has been filed seeking a declaration of the tenancy right of the plaintiffs the respondents over the property scheduled in that suit. Whether such suit for declaration is entertainable before the civil court is a question to be considered by that court. It is open to the petitioner to seek for considering the maintainability of the suit as to whether such suit is entertainable in view of the provisions covered by the Land Reforms Act, which interdicts adjudication of any question regarding the right of tenancy or kudikidappu by the civil court, I find the request for transfer cannot be entertained. Transfer petition is accordingly closed. S.S.SATHEESACHANDRAN JUDGE prp