WILSON PAUL Vs. P P PATHROSE

JUDGEMENT

(1.) Petitioners are the respondents 1 and 2 in T.O.P. 467 of 2007 on the file of District Court, Ernakulam. First respondent filed a petition for transfer. Learned District Judge as per order dated 26-9-2007 allowed the petition and transferred O.S. 52 of 2007 from the file of Munsiff Court, Perumbavoor to Sub Court, Perumbavoor for joint trial with O.S. 153 of 2007. Though petitioners subsequently filed a review petition it was dismissed.

(2.) The learned counsel appearing for petitioners and first respondent were heard.

(3.) Learned counsel appearing for petitioner argued that learned District Judge did not consider whether the properties in both the suits are the same and on the assumption that the subject matter in both the suits are the same, transfer was ordered. It was argued that the properties are different altogether and third respondent in the Transfer OP is not a party to O.S. 153 of 2007 and in such circumstances the case should not have been transferred.