IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 19TH FEBRUARY 2008 / 30TH MAGHA 1929 Tr.P(C).No. 255 of 2007 -------------------------------- O.S. 316/2005 OF SUB COURT, KOZHIKODE. O.S.759/2005 OF PRL.SUB COURT,THRISSUR. .................... PETITIONER: ------------------- K.S.HARIKUMAR AGED 31 YEARS,S/O.SUCHEENDRAN, RESIDING AT "SUCHEENDARAM",MALAPARAMBA, CHEVAYOOR AMSOM AND DESOM, KOZHIKODE DISTRICT. BY ADV. SRI.T.R.RAVI, ADV. SRI.P.S.MURALI. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. M/S.MANAPPURAM GENERAL FINANCE & LEASING LTD., REGD. OFFICE, BROTHERS COMPLEX, NARIKANAL, THRISSUR 680 001,REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGER, M/S.MANAPPURAM GENERAL FINANCE & LEASING LTD, REGD. OFFICE, INTERCITY ARCADE, P.O.PUTHIYARA, NEAR BHIMA JEWELLERY, KASABA AMSOM AND DESOM, MAVOOR ROAD, CALICUT-4. BY ADV. SRI.C.VALSALAN, SRI.K.RAKESH ROSHAN, SMT.THUSHARA.V. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A. NO. 2935/2007 IN TR.P.(C). NO. 255/2007 DISMISSED 19/02/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = Tr.P.C. NO. 255 OF 2007 = = = = = = = = = = = = = = = Dated this the 19th day of February, 2008. J U D G M E N T This Transfer Petition is preferred with a prayer to transfer O.P.759/05 on the file of the Subordinate Judge, Thrissur to the Subordinate Judge, Kozhikode to be tried and disposed of along with O.S.316/05 pending before the Subordinate Judge's Court Kozhikode. The suit is filed on the basis of a hire purchase transaction. The transfer petitioner in this case had instituted O.S.316/05 before the Subordinate Judge, Kozhikode challenging the validity and accounting regarding the transaction and repossession of the vehicle etc. and O.S.759/05 is filed by the respondents in the transfer petition for recovery of the balance amount due to them under the hire purchase agreement after the repossession and sale of the vehicle involved in the case. The crucial question to be decided in both the cases are one and Tr.P.C. NO. 255 OF 2007 -:2:- the same regarding the validity, acceptability and legality of the repossession of the vehicle, sale and also with respect to the accounting. The more comprehensive suit is the suit which is pending before the Subordinate Judge's Court, Kozhikode where all the issues have to be adjudicated and decided. It is only on the basis of the result of that suit O.S.759/05 can be decided. Therefore the transfer petition is allowed and O.S.759/05 on the file of the Subordinate Judge's Court, Thrissur is transferred to the Subordinate Judge's Court, Kozhikode to be tried along with O.S.316/05 pending before the said Court. The Tr.P.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-