C S Mathai vs K A Abraham
2022 Latest Caselaw 1009 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
    TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                     OP(C) NO. 153 OF 2022
 AGAINST ORDER DATED 23.01.2021 IN O.P.(T.P.)NO.40/2020 ON THE
             FILE OF DISTRICT COURT, PATHANAMTHITTA


PETITIONER/4TH PETITIONER:


          C S MATHAI
          AGED 68 YEARS
          SO THOMAS SAMUEL,
          CHANJAPLACKAMANNIL VEEDU,
          ELANTHOOR EAST MURI, ELANTHOOR VILLAGE
          PATHANAMTHITTA, PIN - 689643

          BY ADVS.
          V.PHILIP MATHEWS
          GIBI.C.GEORGE
          E.RADHAKRISHNAN
          AMAL PARTHASARADHY


RESPONDENTS/RESPONDENT AND PETITIONER 1 TO 3 AND 5:

    1     K A ABRAHAM
          AGED 68 YEARS
          KOLEDATHU PARAMBIL MILI VILLA,
          ELANTHOOR EAST MURI, ELANTHOOR VILLAGE
          PATHANAMTHITTA, PIN - 689692

    2     ALEYAMMA CHERIYAN
          AGED 78 YEARS
          PANGATTETHEKKETHIL VEEDU,
          THURUTHIMEL MURI, CHERIANADU VILLAGE
          PATHANAMTHITTA, PIN - 689511

    3     RAHELAMMA
          AGED 71 YEARS
          PODIPPARA VEEDU, AYROOR SOUTH MURI,
          AYROOR VILLAGE
          PATHANAMTHITTA, PIN - 689611
 OP(C) NO. 153 OF 2022
                                    2

    4          JOLLY JOHN
               AGED 68 YEARS
               THATTAMANNIL VEEDU, VENNIKKULAM MURI,
               PURAMATTOM VILLAGE
               PATHANAMTHITTA, PIN - 689544

    5          MARIAMMA JOY
               AGED 63 YEARS
               MELATHU VEEDU, KIZHAKKUPURAM,
               KONNY THAZHAM MURI, KONNY THAZHAM VILLAGE
               PATHANAMTHITTA, PIN - 689692

        THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 153 OF 2022
                                        3


                               JUDGMENT

Dated this the 25th day of January, 2022

The petitioner, who is the 6th plaintiff in O.S.No.278/2002

pending before the Munsiff Court, Ranny, has filed this Original

Petition under Article 227 of the Constitution of India, aggrieved by

order dated 23.01.2021 in O.P.(TP) No.40/2020 on the file of the

District Court, Pathanamthitta, whereby his prayer to transfer the

said case to Munsiff Court, Pathanamthitta has been dismissed.

2. Heard the learned counsel for the petitioner on

admission.

3. It is submitted by the learned counsel for the petitioner

that the subject matter of the suit is originally within the

jurisdiction of Munsiff Court, Pathanamthitta. However for

convenience, at an earlier point of time, the above suit was

transferred to Munsiff Court, Ranny. According to the learned

counsel for the petitioner, now the petitioner is not in a position to

travel 25 Kms from his residential place to contest the matter and,

therefore, the suit required to be transferred to Munsiff Court,

Pathanamthitta for the convenience of the petitioner. OP(C) NO. 153 OF 2022

4. The learned counsel for the petitioner pressed for

transfer of a case of the year 2002 now pending before the Munsiff

Court, Ranny. I have perused the order of the learned District

Judge. The learned District Judge observed that two cases, viz.,

O.S.No.278/2002 and O.S.No.280/2002 were jointly tried and

disposed off. Thereafter, on appeal both these cases were

remanded back in appeal. Therefore, there was no justification for

the transfer to have further delay in disposal of the oldest cases.

On appraisal of the facts as aforesaid, I am not inclined to

interfere with the order impugned and I am of the view that the

transfer sought for, cannot be allowed for the reasons above stated

and observed by the learned District Judge.

In view of the matter this Original Petition deserves no merits

and is dismissed.

Sd/-

A. BADHARUDEEN JUDGE nkr OP(C) NO. 153 OF 2022

APPENDIX OF OP(C) 153/2022

PETITIONER EXHIBITS Exhibit P1 COPY OF OP(TRANSFER) NO.40/2020 FILED BEFORE DISTRICT COURT, PATHANAMTHITTA

Exhibit P2 COPY OF ORDER DATED 23-01-2021 IN O.P(TP) NO.40/2020 ON THE FILE OF DISTRICT COURT, PATHANAMTHITTA