GEORGE Vs. VARGHESE

JUDGEMENT

(1.) EXHIBIT P5, order passed by the learned District Judge, Ernakulam in T.(OP) No.570 of 2012 refusing to re-transfer O.S. No.34 of 2011 from the Munsiff's Court, Kolencherry to the Munsiff's Court, Perumbavoor is under challenge at the instance of the plaintiffs. The suit was originally filed in the Munsiff's Court, Perumbavoor and numbered as O.S. No.146 of 2011. The Presiding Officer of that court then felt some embarrassment in deciding the case and hence the case was transferred to the Munsiff's Court, Kolencherry and there it was renumbered as O.S.No.34 of 2011. In Kolenchery the Officer concerned was transferred from the Munsiff's Court, Perumbavoor. Hence the petitioner filed T(OP) No.570 of 2012 for re-transfer of the case. That application was opposed by the respondents on various grounds. The learned District Judge found that it is not necessary to retransfer the case and consequently dismissed the application.

(2.) THE learned counsel submits that it was on a wrong submission made on behalf of the respondents as to location of Kombanad Village where the property situate and parties reside that the learned District Judge has disposed of the transfer petition.

(3.) I must bear in mind that considering the pendency of the various cases in the District it is within the power of the District Judge even to issue administrative orders transferring a case or cases from a heavy court to a lighter court. In this case assuming that other grounds alleged by the respondents did not accept, the learned District Judge has pointed out that since the Munsiff's Court, Kolencherry is a lighter court when compared to Munsiff's Court, Perumbavoor, early disposal of the case could be made if the case continued in the Munsiff's Court, Kolencherry. I am inclined to accept the reasoning made by the learned District Judge. Moreover, there is no reason why the case should be shuttled between two courts. The inconvenience pleaded by the petitioner is not that much which persuades me to interfere with the discretion exercised by the learned District Judge. It is open to the petitioner to request the learned Munsiff to expedite trial and disposal of the suit. The Original Petition is accordingly dismissed.