ALUNGALOT RAFEEQ Vs. KAVUMKUZHIYIL SUBAIDA MARIYAM

JUDGEMENT

(1.) The prayers in this Transfer Petition (Civil) are as follows:

(2.) Heard Sri.K.M.Firoz, learned counsel for the petitioner. Though notice has been duly served on the respondent, there is no appearance for that party.

(3.) The petitioner herein is the plaintiff in O.S.No.396/2007 on the file of the II Additional Munsiff's Court, Kozhikode, in which Anx.A-1 decree dated 28.1.2009 has been rendered by that court. The amount covered by Anx.A-2 E.P filed by the petitioner comes to Rs. 1,86,000/-. The prayer in Anx.A-1 O.S.No.396/2007 was for mandatory injunction filed by the petitioner against the respondent herein praying for vacating the plaint schedule house and for recovery of money for use and occupation, etc. The amount covered by Anx.A-2 E.P.No.261/2014 filed by the petitioner herein before the II Additional Munsiff's Court, Kozhikode for Rs. 1,86,000/- as on the date of that E.P., which arises out of Anx.A-1 decree in O.S.No.396/2007, in which the respondent herein was arrayed as defendant therein. The respondent herein was the plaintiff in O.S.No.292/2009 on the file of the 1st Additional Sub Court, Kozhikode, in which the petitioner has been arrayed as defendant therein. Anx.A-3 decree was rendered on 31.1.2014 by the 1st Additional Sub Court, Kozhikode in O.S.No.292/2009. Thereafter, the respondent herein has filed Anx.A-4 E.P.No.358/2014 before the 1st Additional Sub Court, Kozhikode, which arises out of Anx.A-3 decree in O.S.No.292/2009.