KERALA STATE ELECTRICITY BOARD Vs. FR CYRIAC

JUDGEMENT

(1.) THIS petition is filed for re-transfer of O.S. No.309 of 2010 from the court of learned Principal Sub Judge, Ernakulam to the court of learned Sub Judge, Thodupuzha for trial and disposal. Defendant in the suit has filed the petition. The suit was originally instituted in the court of learned Sub Judge, Thodupuzha but it was ordered to be transferred to the court of learned Sub Judge, Kattappana since the learned Sub Judge, Thodupuzha wanted to avoid trial of the suit on account of personal embarrassment. Respondent who is a resident of Moolamattom in Thodupuzha Taluk filed Tr.P(C) No.59 of 2010 in this Court and got the case transferred to the court of learned Sub Judge, Ernakulam on the ground of inability to travel to Kattappana. Petitioner- defendant states that the learned Sub Judge who avoided the case has now been transferred to some other place and hence there is no difficulty for trial of the case in the court of learned Sub Judge, Thodupuzha. It is submitted that property involved in the suit is situated within the local limits of Sub Court, Thodupuzha, respondent is residing at Moolamattom in Thodupuzha Taluk and that witnesses to be examined from both sides also hail from Thodupuzha. Moreover it is convenient to both parties that the suit is tried and disposed in the court of learned Sub Judge, Thodupuzha. Learned counsel for petitioner clarified that the suit is included in the list for trial in the court of learned Sub Judge, Ernakulam only on 09.02.2011.

(2.) IT is seen that it is only because of embarrassment learned Sub Judge, concerned had in trying the suit that the suit was transferred from the court of learned Sub Judge, Thodupuzha. IT is not disputed that property involved situates in the local limits of Sub court, Thodupuzha, respondent is residing at Moolamattom in Thodupuzha Taluk and the witnesses to be examined on both sides also hail from that place. IT is also not disputed that the learned Sub Judge who felt embarrassment in trying the suit is now transferred to some other place. In case a decree is passed in the suit, decree certificate has to be transmitted to the Sub court, Thodupuzha for execution. In these circumstances convenience of parties required that case is send back to the court of learned Sub Judge, Thodupuzha. Hence I am inclined to allow this petition.