K T PREMKUMAR Vs. JAYAPRAKASH S/O KUNJIKRISHNAN

JUDGEMENT

(1.) The main prayer in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India is as follows:

(2.) Heard Sri.K.Ramkumar, learned Senior Counsel, instructed by Sri.R.Renjith, learned counsel appearing for the petitioner and Sri.P.Santhosh Poduval, learned counsel appearing for respondents 1 to 3 and Sri.Rajith, learned counsel appearing for R-6.

(3.) The 3rd respondent herein had approached the District Court, Thrissur, by filing Transfer O.P.No.404/2011 for transfer of O.S.Nos.436/2003, 356/2005, 817/2005 and 755/2010, which were pending before various courts so as to ensure joint trial of all the suits by the II Additional Sub Court, Thrissur, where O.S.No.755/2010 is pending. The said plea made for transfer and joint trial was rejected by the District Court by orders rendered in T.O.P.No.404/2011. It is aggrieved by the such order, the said party had approached this Court by filing O.P(C) .No.3536/2012. This Court by Ext.P-1 judgment rendered on 30.10.2012 has disposed of that O.P(C) finding that there is no necessity for joint trial of those 4 cases, but that having regard to the peculiar facts and circumstances of this case, it was directed therein that II Additional Sub Court, Thrissur, will dispose of O.S.No.755/2010 within 3 months and that until the final disposal of O.S.No.755/2010 by the II Additional Sub Court, Thrissur, the matters in other 3 suits, O.S.Nos. 436/2003, 356/2005, 817/2005 on the file of the Munsiff's Court, Chavakkad, will stand deferred. It was further ordered therein that until the disposal of O.S.No.755/2010, the petitioner will be at liberty to apply for adjournment in O.S.Nos.436/2003, 356/2005, 817/2005 so as to await the verdict in O.S.No.755/2010 on the file of the II Additional Sub Court, Thrissur, etc.