This Order (Civil) affirms the District Judge's decision to transfer two suits from one Munsiff to another under Section 24 of the CPC. The High Court held there was no error in exercising discretion and dismissed the original petitions.
The Original Petition failed and is dismissed. The common order of the court below is affirmed.
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 V.CHITAMBARESH
TUESDAY, THE 9TH DAY OF OCTOBER 2012/17TH ASWINA 1934
OP(C).No. 438 of 2012 (O)
OP(TP) NOS. .59/2011 & 60/2011 OF DISTRICT COURT, PATHANAMTHITTA
PETITIONER(S):
AGED 73 YEARS,W/O.KRISHNAN,PULIMOOTTIL HOUSE NEELIPILAVU,KUMARAMPEROOR,VADAKKEKARA MURI CHITTAR-SEETHATHODU VILLAGE.
BY ADVS.SRI.V.SETHUNATH
SRI.V.VINAY SRI.K.T.SEBASTIAN
RESPONDENT(S):
BY ADV. SRI.G.UNNIKRISHNAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 438/2012
APPENDIX
PETITIONER(S) EXHIBITS
| EXT-P1 | TRUE COPY OF THE ORDER DATED 01.01.2012 IN O.P.(TP)NO.59 0F 2011 AND O.P.(TP)OF 60 OF 2012 OF THE DISTRICT COURT,PATHANAMTHITTA. |
|---|---|
| EXT-P2 | TRUE COPY OF THE ARGUMENTS NOTES FILED ON 02.11.2011 IN O.S.210 OF 2011 AN O.S.220 OF 2011 SUBMITTED BY THE PETITIONERS. |
| EXT-P3 | TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS IN O.P.(TP)NO.59 OF 2011. |
| EXT-P4 | TRUE COPY OF THE OBJECTION FILED BY THE IST PETITIONERS IN O.P.(TP)NO.60 OF 2011. |
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(C) NO. 438 OF 2012
Dated this the 9th day of October, 2012
JUDGMENT
The court of the District Judge has thought it fit to transfer two suits from the file of the court of one learned Munsiff to another. The same has been done after obtaining remarks from the concerned Munsiff and taking note of all the relevant aspects. The learned Munsiff in response to the remarks called for has expressly stated that he has no objection in transferring the suit from his file. I am not inclined to interfere with the discretion exercised by the court below taking note of the relevant parameters under Section 24 of the Code of Civil Procedure.
The common order of the court below in O.P.(TP) Nos. 59/2011 and 60/2011 on the file of the court of the District Judge of Pathanamthitta is affirmed. The Original Petition fails and is dismissed.
V. CHITAMBARESH JUDGE
ncd
1 issue framed by the court
Whether the District Court erred in transferring suits from one Munsiff to another under Section 24 of the CPC.
1 provisions across 1 enactments
Mohandas
Thankamma
Sudhakar Panicker
Lower Primary School
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
