KUNJU KUNJAMMA Vs. KUMARI THANKACHI

JUDGEMENT

(1.) Though Respondents 1 to 3 were served with notice, there is no appearance.

(2.) The Petitioner is the first Respondent in A.S. No. 32 of 2010 on the file of the Sub-Court - II, Kollam. The Appeal was originally filed as A.S. No. 131 of 2007 on the file of the court of the District Judge of Kollam. As per Exhibit P6 judgment dated 3rd June, 2010 in W.P.(C) No. 17261 of 2010, this Court directed the District Court, Kollam to dispose of A.S. No. 131 of 2007 as expeditiously as possible, giving priority for hearing. Thereafter, the Appeal was transferred to the Sub Court. The prayer in this Original Petition is to issue a direction to the Sub Court, Kollam to dispose of the Appeal expeditiously.

(3.) The direction issued by this Court in W.P. (C) No. 17261 of 2010 is applicable to the transferee court as well. It is not necessary to issue directions every time when a case is transferred from one court to the other. If a direction is issued by the High Court to dispose of a suit or Appeal expeditiously, that direction continues through out the career of the Appeal or the suit, as the case may be. Depending on the facts and circumstances of the case, a suit or Appeal may be transferred from one court to the other. It may some times be re-transferred. It is also likely that it may be transferred to a third court. On all those occasions, it is not necessary for the parties to approach the High Court to get a direction for the expeditious disposal of the Appeal or the suit, as the case may be. Once a direction is issued to dispose of the suit or Appeal, that direction follows the suit or Appeal and whichever court has to deal with the same is bound to comply with the direction. The importance is for the expeditious disposal of the Appeal and not for the court to which the direction is issued. Therefore, I am of the view that the direction contained in W.P. (C) No. 17261 of 2010 is applicable to the Sub Court, Kollam as well. If so, it is not necessary to issue another direction to the Sub Court, Kollam to dispose of the suit. The Sub Court, Kollam shall comply with the direction in W.P. (C) No. 17261 of2010.