JOSE AND ORS. Vs. PUSPA AND ORS.

JUDGEMENT

(1.) Petitioners are the defendants in O.S.No.261 of 2015 on the file of Munsiff, Chalakudy. The respondent/plaintiff filed I.A.No.827 of 2015 for temporary prohibitory injunction and I.A.No.828 of 2015 for a temporary mandatory injunction. Both were allowed. Petitioners have filed C.M.A.No.34 of 2015 and 35 of 2015 challenging the said orders. One C.M.A is in Principal Sub Court and the other in Additional Sub Court, Irinjalakkuda. Petitioners filed Ext P3 application before the Principal Sub Judge requesting him to 'make over' C.M.A.No.34 of 2015 pending before him to Additional Sub Court so that both appeals might be heard by the same court. By Ext P4 order the learned Sub Judge has dismissed it. This is challenged.

(2.) Heard the learned counsel for the petitioners.

(3.) The prayer in the application amounted to a request for transfer of the proceedings from one court to another. The power to transfer proceedings is not available to a Sub Judge. Under Section 24 C.P.C only High Court and District Court have the power to order transfer of proceedings. Principal Sub Judge or Principal Munsiff cannot invoke Section 151 C.P.C to order transfer of proceedings. I have no doubt that the impugned order is correct.