Kerala High Court
Sajeev Scaria vs Asraf on 14 September, 2021
Tr.P.C.No.335/2018
& connected cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
TR.P(C) NO. 335 OF 2018
AGAINST THE ORDER/JUDGMENT IN OS 222/2018 OF ADDITIONAL
MUNSIFF COURT, KOLLAM, KOLLAM
PETITIONER/S:
SAJEEV SCARIA
AGED 45 YEARS
AGED 45, S/O. SCARIA, RESIDING AT PLAKITHOTTIL
HOUSE,ETTUMANOOR P.O, ETTUMANOOR KARA,ETTUMANOOR
VILLAGE,KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN -
686 631.
BY ADVS.
SRI.REJI GEORGE
SRI.BINOY DAVIS
SRI.RAJEEV.P.NAIR
RESPONDENT/S:
1 ASHRAF
AGED 62 YEARS
AGED 62, S/O. MUHAMMED KUNJU, RESIDING AT ADTHIL
HOUSE,KANNANALLOOR KARA, THRIKOVILVATTOM VILLAGE,
KOLLAM TALUK,KOLLAM DISTRICT, PIN - 691 576.
2 SHINE D. GEORGE
S/O. GEORGE, AGED YEARS, CHAKKAMAKKAN VEETTIL,
MANNANAM CHERIYIL, KOTTAYAM, PIN - 686 631.
BY ADVS.
SRI.R.KISHORE (KALLUMTHAZHAM)
SRI.A.M.NASEER
SHRI.NASEER MOIDU
SMT.P.SREESHA
Tr.P.C.No.335/2018
& connected cases 2
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, ALONG WITH OP(C).1408/2018 AND TRPC.
352/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.C.No.335/2018
& connected cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
OP(C) NO. 1408 OF 2018
AGAINST THE ORDER/JUDGMENT IN OS 29/2018 OF DISTRICT COURT &
SESSIONS COURT,KOTTAYAM, KOTTAYAM
PETITIONER/S:
SAJEEV SCARIA
AGED 45 YEARS
AGED 45, S/O. SCARIA, RESIDING AT PLAKITHOTTIL
HOUSE, ETTUMANOOR P.O., ETTUMANOOR KARA, ETTUMANOOR
VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN-
686631.
BY ADVS.
SRI.REJI GEORGE
SRI.BINOY DAVIS
SRI.RAJEEV.P.NAIR
RESPONDENT/S:
ASHRAF
AGED 62 YEARS
AGED 62, S/O. MUHAMMED KUNJU, RESIDING AT ADTHIL
HOUSE, KANNANALLOOR KARA, THRIKOVILVATTOM VILLAGE,
KOLLAM TALUK, KOLLAM DISTRICT, PIN-691576.
BY ADVS.
SRI.R.KISHORE (KALLUMTHAZHAM)
SMT.P.SREESHA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, ALONG WITH Tr.P(C).335/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Tr.P.C.No.335/2018
& connected cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
TR.P(C) NO. 352 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 29/2018 OF ADDITIONAL SUB
COURT,KOTTAYAM, KOTTAYAM
PETITIONER/S:
ASHRAF
AGED 65 YEARS
S/O. MUHAMMED KUNJU, AADILS HOUSE, KANNANALLOOR,
KOLLAM-691 576
BY ADV R.KISHORE (KALLUMTHAZHAM)(K/1137/2012)-16661
RESPONDENT/S:
SAJEEV SCARIA
S/O. SCARIA , RESIDING @ PLAKITHOTTIL HOUSE,
ETTUMANOOR P.O., ETTUMANOOR VILLAGE, KOTTAYAM
TALUK, KOTTAYAM DISTRICT,PIN-691 576
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, ALONG WITH Tr.P(C).335/2018 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Tr.P.C.No.335/2018
& connected cases 5
V.G.ARUN, J.
-----------------------------------------------
Tr.P.C.No.335 of 2018,
Tr.P.C.No.352 of 2021
&
O.P(C).No. 1408 of 2018
-----------------------------------------------
Dated this the 14th day of September, 2021
ORDER
The petitioner in Tr.P.C.Nos.335 of 2018 is the defendant in
O.S.No.222 of 2018 on the files of the Munsiff's Court, Kollam and
the plaintiff in O.S.No.29 of 2018 on the files of the Additional Sub
Court, Kottayam. The petitioner in Tr.P.C.No.352 of 2021 is the
defendant in O.S.No.29 of 2018 of the Additional Sub Court,
Kottayam. For convenience, the parties are referred to as described
in Tr.P.C.No.335 of 2018. The petitioner has filed O.S.No.29 of 2018
before the Sub Court, Kottayam for realisation of a sum of Rs.32
lakhs along with interest from the 1st respondent and his assets.
The claim is based on cheques and promissory notes alleged to
have been issued by the 1st respondent in the petitioner's favour.
The 1st respondent filed O.S.No.222 of 2018 before the Munsiff's
Court, Kollam for directing the petitioner and the 2nd defendant to
produce the same cheques and promissory notes before the court
and to restrain the petitioner from transferring those documents
and creating forged documents.
Tr.P.C.No.335/2018
2. Indisputably, the subject matter of both original suits are
one and the same. The parties have different versions regarding
the transaction which resulted in the cheques and promissory notes
belonging to the 1st respondent coming to the possession of the
petitioner. Learned counsel for the petitioner contended that the
suits are to be tried jointly in order to avoid multiplicity of
proceedings and conflicting decisions. It is pointed out that the
petitioner's suit is pending before the Sub Court, Kottayam and
cannot be transferred to a Munsiff's Court of lesser pecuniary
jurisdiction. The original suit filed by the 1st respondent is hence
liable to be transferred to the Sub Court, Kottayam. The learned
counsel for the respondent contended that the respondent should
not be unnecessarily dragged to the Sub Court, Kottayam and the
suit filed by the petitioner can be transferred from the Sub Court,
Kottayam to the Sub Court, Kollam. If so, the suit filed by the 1st
respondent can also be transferred to the Sub Court, Kollam and
the suits can be jointly tried.
3. The contentions reveal that both parties want the suits to
be tried jointly. The dispute is only with respect to the court to
which the suits are liable to be transferred. In my opinion, it is
appropriate to transfer O.S.No.222 of 2018 from the Munsiff's
Tr.P.C.No.335/2018
Court, Kollam to the Sub Court, Kottayam, since the suit before the
Sub Court cannot be transferred to the Munsiff's Court.
In the result, Tr.P.C.No.335 of 2018 is allowed and
Tr.P.C.No.352 of 2021 is dismissed. O.S.No.222 of 2018 pending on
the files of the Munsiff's Court, Kollam shall forthwith be transferred
to the Sub Court, Kottayam, to be taken along with O.S.No.29 of
2018 of that court. O.P(C).No.1408 of 2018 is filed by the petitioner
challenging the order in O.S.No.29 of 2018 whereby the trial court
dismissed an application for injunction filed by the petitioner in
O.S.No.29 of 2018. In the nature of the order being passed in the
transfer petitions, the original petition is closed, maintaining the
injunction order and leaving it open for the parties to raise all their
contentions and to let in evidence before the trial court.
The suits being of the year 2018, the Sub Court, Kottayam is
directed to take earnest efforts to dispose the suit within an outer
limit of six months of transfer of O.S.No.222 of 2018 from the
Munsiff's Court, Kollam to the Sub Court, Kottayam. The learned
counsel on either side assures that the parties will co-operate with
the trial court for expeditious disposal of the suits.
Sd/-
V.G.ARUN, JUDGE
vgs
Tr.P.C.No.335/2018
APPENDIX OF OP(C) 1408/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT FILED IN
O.S.NO.29/2018 BEFORE THE ADDITIONAL SUB
COURT, KOTTAYAM DATED 23.02.2018.
EXHIBIT P2 TRUE COPY OF I.A.NO.377/2018 FILED IN
O.S.NO.29/2018 BEFORE THE ADDITIONAL SUB
COURT, KOTTAYAM DATED 23.02.2018.
EXHIBIT P3 TRUE COPY OF SCHEDULE OF PROPERTIES FILED
IN O.S.NO.29/2018 BEFORE THE ADDITIONAL
SUB COURT, KOTTAYAM DATED 23.02.2018.
EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT IN I.A.NO.377/2018 IN
O.S.NO.29/2018 BEFORE THE ADDITIONAL SUB
COURT, KOTTAYAM, DATED 09.03.2018.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 22.03.2018
IN I.A.NO.377/2018 IN O.S.NO.29/2018
PASSED BY THE ADDITIONAL SUB COURT,
KOTTAYAM.
RESPONDENT EXHIBITS
Exhibit R1(A) TRUE COPY OF THE RTI APPLICATION FILED BY
THE RESPONDENT BEFORE THE CITY POLICE
COMMISSIONER DATED 12/02/2018
Exhibit R1(B) TRUE COPY OF THE COMPLAINT FILED BEFORE
THE CITY POLICE COMMISSIONER DATED
16/01/2018 BY THE RESPONDENT
Exhibit R1(C) TRUE COPY OF THE RTI REPLY ISSUED BY THE
OFFICE OF THE CITY POLICE COMMISSIONER
NUMBERED AS G3(B)-8524/2018/QC DATED
22/02/2018
Exhibit R1(D) TRUE COPY OF THE STATEMENT ISSUED BY THE
ASSISTANT POLICE COMMISSIONER NUMBERED AS
12/SPTN/DCB/18-QC DATED 07/02/2018
Tr.P.C.No.335/2018
Exhibit R1(E) TRUE COPY OF THE STATEMENT OF THE
PETITIONER SUBMITTED BEFORE THE ASSISTANT
POLICE COMMISSIONER OBTAINED
Exhibit R1(F) TRUE COPY OF THE NOTICE ISSUED BY THE
PETITIONER'S COUNSEL DATED 07/02/2018
Exhibit R1(G) TRUE COPY OF THE REPLY NOTICE ISSUED BY
THE RESPONDENT COUNSEL DATED 14/02/2018
Exhibit R1(H) TRUE COPY OF THE RECEIPT ISSUED BY ONE
LINE AFTER COLLECTION OF AMOUNT FROM THE
RESPONDENT SIGNED BY HIS COLLECTION
AGENT.
Tr.P.C.No.335/2018
APPENDIX OF TR.P(C) 352/2021
PETITIONER ANNEXURE
Annexure A1 THE TRUE COPY OF THE PLAINT IN OS
NO.29/2018
Annexure A2 THE TRUE COPY OF THE ORDER IN IA 377/2018
DATED 22.03.2018 IN OS 29/2018
