IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Tr.P(C).No. 354 of 2011 -------------------------------- [OS.NO.111/2010 OF MUNSIFF'S COURT, RANNI, TRANSFER TO MUNSIFF COURT, KANJIRAPPALLY] .................... PETITIONER: ------------------- BIJU GEORGE, S/O. V.M. GEORGE @ KUNJUMON, VALIYAVEETTIL HOUSE, VENKURINJI, ERUMELY SOUTH VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.T.I.ABDUL SALAM. RESPONDENTS: ------------------------ 1. K.C. CHACKO, S/O. LATE CHACKO, RESIDING AT KAKKANATTU HOUSE, VENKURINJI.P.O., KOLLAMULA, RANNI TALUK, PATHANAMTHITTA DISTRICT - 686 510. 2. KUNJUMON, S/O. UNNI, VALIYAVEETTIL HOUSE, VENKURINJI.P.O., ERUMELY SOUTH VILLAGE, KOTTAYAM DISTRICT - 686 510. R1 BY ADVS. SRI.V.SETHUNATH, SRI.V.VINAY. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: TR.P(C).NO.354/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: COPY OF THE PLAINT DTD. 11/07/2011 IN O.S. NO. 200/2011 OF THE MUNSIFF COURT, KANJIRAPPALLY. ANNEXURE-A2: COPY OF THE PLAINT DTD. 24/05/2010 IN O.S. NO.111/2010 OF THE MUNSIFF COURT, RANNY. RESPONDENT'S ANNEXURES:- ANNEXURE R1.A: COPY OF THE INJUNCTION ORDER IN I.A. NO. 613/2010 IN O.S. NO. 111/2010 ON THE FILE OF THE MUNSIFF'S COURT, RANNI. ANNEXURE R1.B: COPY OF THE PETITION FILED BEFORE THE SUPT. OF POLICE, PATHANAMTHITTA. ANNEXURE R1.C: COPY OF THE COMMISSION APPLICATION FILED BY THE PLAINTIFF/1ST RESPONDENT. ANNEXURE R1.D: COPY OF THE PETITION FOR POLICE PROTECTION FOR IMPLEMENTATION OF THE INJUNCTION ORDER. //TRUE COPY// P.A. TO JUDGE Prv. THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) No.354 of 2011 -------------------------------------- Dated this the 17th day of November, 2011. ORDER The 1st respondent filed O.S.No.111 of 2010 against the 2nd respondent in the court of learned Munsiff, Ranni for a decree for prohibitory injunction against trespassing into the property mentioned therein – 55 cents in Sy. No.80/1/1 of Kollamula Village, Ranni Taluk. Petitioner, in turn, filed O.S.No.200 of 2011 in the court of learned Munsiff, Kanjirappally against the 1st respondent, also for a decree for prohibitory injunction against trespassing into the property mentioned therein – 16.18 Ares in Erumely South Village. The request in this proceeding is to transfer O.S.No.111 of 2010 from the court of learned Munsiff, Ranni to the court of learned Munsiff, Kanjirappally to facilitate joint trial of the cases. It is stated that though the properties are situated in two Villages, the one adjoins the other. 2. Learned counsel for 1st respondent submitted that the 1st respondent filed O.S.No.111 of 2010 earlier in point of time and has obtained an order of injunction against petitioner. According to the learned counsel, 1st respondent is residing far away from Kanjirappally and hence if at all this Court is inclined to order transfer, the cases may be consolidated in the court of learned Munsiff, Ranni. Tr.P(C)No.354/2011 2 3. Learned counsel for petitioner would contend that it is convenient for both the parties if the cases are consolidated in the court of learned Munsiff, Kanjirappally. 4. Though properties described in the suits are different, essentially it would appear that it is a case of dispute regarding boundary and as the properties lie adjacent though, in two Villages it is appropriate that both the cases are tried and disposed of by the same court. But the question of joint trial shall be considered by the transferee court. 5. In the transfer petition, petitioner and 2nd respondent (son and father) are described as staying at Venkurinji, in Erumely South Village. Certainly that is a bit away from the Munsiff's Court, Kanjirappally. 1st respondent is residing at Venkurinji, in Kollamulam in Ranni Taluk. In these circumstances I am inclined to think that the cases could be consolidated in the court of learned Munsiff, Ranni. Resultantly this petition is allowed as follows: i. O.S.No.200 of 2011 is withdrawn from the court of learned Munsiff, Kanjirappally and transferred to the court of learned Munsiff, Ranni where O.S.No.111 of 2010 is pending. Tr.P(C)No.354/2011 3 ii. The transferor court while transmitting records of the case to the transferee court shall fix the date for appearance of parties in the transferee court with due intimation to the counsel for both parties. iii. Learned Munsiff, Ranni shall decide whether the two suits – O.S.Nos.200 of 2011 and 111 of 2010 could be tried jointly having regard to the circumstances of the case and observations I have made above. I.A.No.2379 of 2011 will stand dismissed. THOMAS P.JOSEPH, Judge. cks