Transfer petitions filed to shift suits pending at Thiruvalla to Kozhikode for joint trial with suits at Munsiff Court, alleging debt recovery and cheque issues. Bench declined transfer citing Section 24 CPC and predictability of trial decisions.
All three Transfer Petitions (Tr.P.C. Nos. 233, 235 & 236 of 2007) were dismissed as unwell-founded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
THURSDAY, THE 1ST NOVEMBER 2007 / 10TH KARTHIKA 1929 Tr.P(C).No. 233 of 2007() ------------------------OS.132/2007 of SUB COURT, THIRUVALLA ....................
: PETITIONERS
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1. P.T.NAJMA HARIS, AGED 35 YEARS, W/O.MUHAMMED HARIS, NAJMA HOUSE, 38/1237-A, EDAKKAD P.O., PUTHIYANGADI, PUTHIYANGADI AMSOM EDAKKAD DESOM, KOZHIKODE DISTRICT.
2. MUHAMMED HARIS, AGED 39 YEARS, S/O.HAMEED, NAJMA HOUSE, 38/1237-A, PUTHIYANGADI AMSOM, EDAKKAD DESOM, EDAKKAD P.O., PUTHIYANGADI, KOZHIKODE DISTRICT.
BY ADV. SRI.R.SUDHISH SMT.M.MANJU
RESPONDENTS:
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1. PRAMODKUMAR, NATIONAL FINANCE PVT.LTD., 17/626, SNDP BUILDING, THIRUVALLA-689 101, PATHANAMTHITTA DISTRICT.
2. SHAJU JOSEPH, NATIONAL FINANCE PVT. LTD., 17/626, SNDP BUILDING, THIRUVALLA-689 101, PATHANAMTHITTA DISTRICT.
3. SALEX MAMMEN, KULATHRATTU HOUSE, KALLOOPPARA P.O., CHACKOMBHAGOM MURI, KALLOOPPARA VILLAGE, MALLAPPALLY TALUK-689 101.
4. NAVEEN VIJAY, AGED 27 YEARS, S/O.P.S.VIJAYAN, NAVEENAM HOUSE, VALLAMALA MURI, KUNNAMTHANAM VILLAGE, MALLAPPALLY TALUK-689 101.
BY
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2007, ALONG WITH TRPC NOS.235/07 & 236/07, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N. KRISHNAN, J.
= = = = = = = = = = = = = = Tr.P.C. NOs. 233, 235 & 236 OF 2007
= = = = = = = = = = = = = = = Dated this the 1st day of November, 2007.
J U D G M E N T
These Transfer Petitions are filed to transfer O.S.132/07, O.S.126/07 and O.S.134/07 pending before the Subordinate Judge, Thiruvalla to the Subordinate Judge, Kozhikode. All these suits are for realisation of the amount alleged to be due from the present petitioners. The present petitioners have instituted the suits before the Munsiff Court, Kozhikode for a mandatory injunction for return of the documents which were illegally retained. Therefore, it is prayed that the suit at Thiruvalla has to be jointly tried with the suits pending before the Munsiff Court, Kozhikode and for enabling the Court to do so transfer the case from Subordinate Judge, Thiruvalla to Subordinate Judge, Kozhikode and thereafter allow the joint trial and try the
Tr.P.C. NOs. 233,235 & 236 OF 2007
-:2:-
cases together. I feel the prayer is a thing which cannot be entertained by this Court.
M.N. KRISHNAN, JUDGE.
ul/-
1 issue framed by the court
Whether the prayed transfer of suits pending before Subordinate Judge Thiruvalla to Subordinate Judge Kozhikode for joint trial is maintainable.
1 provisions across 1 enactments
P.T. NAJMA HARIS
MUHAMMED HARIS
PRAMODKUMAR
NAVEEN VIJAY
M.N. KRIISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
