MALANKARA SYRIAN CHRISTIAN ASSOCIATION Vs. CIJOE M.P.

JUDGEMENT

(1.) This appeal filed under Section 5(1) of the Kerala High Court Act is against the order dated 10.01.2022 in Transfer Petition (C)No.789/2021. The appellants herein are the respondents and the respondents herein, the petitioners in the Transfer Petition. The parties will be referred to as described in the Transfer Petition.

(2.) The Transfer Petition was filed seeking transfer of O.P.No.16/2021 on the file of the Principal Sub Court, Kottayam. The said O.P. initially filed before the District Court, Kottayam, is one under Section 92 CPC seeking leave to institute a suit against the respondents. The District Judge, Kottayam transferred O.P.No.16/2021 to the Principal Sub Court on administrative grounds. According to the petitioners, in spite of elaborate and detailed arguments, running into hours being made on three posting dates, no order was passed by the learned Sub Judge, though it was brought to his notice that reliefs sought for are urgent. Hence, they lost faith in the court and moved the petition for transfer.

(3.) In the Transfer Petition though notice was served on the respondents, they failed to appear and contest the matter. By order dated 10.01.2022 the learned single Judge allowed the prayer and directed transfer of O.P.No.16/2021 pending before the Principal Sub Court, Kottayam, to the District Court, Kottayam, with a direction to the latter court to dispose it within a period of 15 days from the date of receipt of or production of a copy of the order. Aggrieved by the said order, the respondents in the Transfer Petition are before this Court in the present appeal.