Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 TR.P(C) NO. 400 OF 2023 IN O.S. NO.431/2022 OF MUNSIFF'S COURT, KATTAPPANA PETITIONER/PLAINTIFF IN O.S.NO.431/2022:
PGF LIMITED, A COMPANY INCORPORATED IN INDIA HAVING ITS REGISTERED OFFICE AT 1042-43, SECTOR 22B, CHANDIGARH, PIN-160002 AND HAVING ITS CORPORATE OFFICE AT 2ND FLOOR, VISHALIL BUILDING, COMMUNITY CENTE, PASCHIM VIHAR, NEW DELHI- 110063, REPRESENTED BY ITS AUTHORISED OFFICER, UMMALETI PRASAD, S/O U.L.N.SASTHRI, AGED 51 YEARS, 6/1/115, FLAT NO.103, BELLO VISTA APARTMENT, PADMARAO NAGAR, SECUNDERABAD, TELENGANA STATE, PIN - 500025. BY ADVS. VARGHESE C.KURIAKOSE SUSANTH SHAJI ALBIN A. JOSEPH AMRITHA.J VIPIN C. VARGHESE KURUVILLA MATHEW
RESPONDENTS/DEFENDANT IN O.S.NO.431/2022:
1 CHANDRABABU, AGED 59 YEARS, S/O PUSHPANGADHAN, RESIDING AT KEEZHEKUNNATH HOUSE, PUSHPAKANDAM KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685604. 2 RAJEEV, S/O DIVAKARAN AGED 44 YEARS, RESIDING AT RANDUMACKAL HOUSE, KUNJITHANNI KARA, BISONVALLEY VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685565. 3 IBRAHIMKUTTY, S/O KHADARPILLA AGED 55 YEARS, THAZHATHUVEETTIL HOUSE, THOTTUPURAM KARA, KEEZHMEDU VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN - 683105. 4 K.C.SAMUELKUTTY, AGED 56 YEARS, S/O KOSHY CHERIAN, B-58, PASCHIM VIHAR, PANJABI BAGA, WEST DELHI, PIN - 110065. ..2..
5 MANUEL P DEVASSIA AGED 61 YEARS, S/O CHACKO DEVASSIA, RESIDING AT PUTHENVEETTIL HOUSE, CHITTADY P.O., MUNDAKKAYAM KARA, EDAKUNNAM VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, PIN - 678706. BY ADVS. GEORGE SEBASTIAN HARITHA RAJU RAJU THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..3..
O R D E R
Dated this the 31st day of January, 2024 Petitioner herein is the plaintiff in O.S. No.431/2022, pending before the Munsiff’s Court, Kattappana. Petitioner seeks transfer of the said suit to the Sub Court, Kattappana, for being jointly tried along with O.S.No.50/2021, pending before the Sub Court.
2. Learned counsel for the petitioner would
submit that the subject matter, as also, the parties in both the suits are substantially the same, therefore the suits are liable to be considered. It was due to difference in the valuation that one suit was filed before the Sub Court and the other, before the Munsiff's Court.
3. The second respondent, who appeared through his counsel has no objection in allowing the ..4.. instant transfer sought for. Other respondents, though served, have not chosen to appear.
4. In view of the fact that the subject matter
of the both suits are substantially the same and the parties are also in similar footing, this court is of the view that the transfer sought for can be allowed.
5. Accordingly O.S.No.431/2022, pending before
the Munsiff’s Court, Kattappana is directed to be transferred to the Sub Court, Kattappana, for being consolidated and jointly tried along with O.S.No.50/21, pending before the transferee court. The transfer petition is allowed, as above. Sd/- C. JAYACHANDRAN JUDGE Skk//02.02.2024 ..5.. APPENDIX OF TR.P(C) 400/2023 PETITIONER'S ANNEXURES:- ANNEXURE 1 TRUE PHOTOSTAT COPY OF PLAINT IN O.S.NO.431/2022 ON THE FILES OF MUNSIFF'S COURT KATTAPPANA DATED 01.11.2022 ANNEXURE 2 TRUE PHOTOSTAT COPY OF PLAINT IN O.S.NO.50/2021 DATED 18.12.2021 ON THE FILES OF SUB COURT KATTAPPANA ANNEXURE 3 TRUE PHOTOSTAT COPY OF THE DOCUMENT DATED 17.05.2021 SO CREATED BY RESPONDENTS 1 TO 3 ANNEXURE 4 TRUE PHOTOSTAT COPY OF THE ORDER DATED 18.10.2022 IN I.A.NO.1/2021 IN O.S.NO.50/2021 ON THE FILES OF SUB COURT KATTAPPANA ANNEXURE 5 TRUE PHOTOSTAT COPY OF THE MEMO DATED 13.12.2022 FILED BY THE 1ST RESPONDENT IN O.S.NO.50/2021 ON THE FILES OF SUB COURT KATTAPPANA