High Court Kerala High Court

Balan vs Bhaskaran on 22 May, 2009

Kerala High Court
Balan vs Bhaskaran on 22 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Tr.P(C).No. 138 of 2009()


1. BALAN,S/O.POOKKOTTIL VELU,
                      ...  Petitioner

                        Vs



1. BHASKARAN,S/O.POOKKOTTIL VELU,MANATHALA
                       ...       Respondent

2. AYYAPPAN,S/O.POOKKOTTIL VELU,WANDOOR

3. CHANDRAN,S/O.POOKKOTTIL VELU,

4. JANAKI,W/O.POOKKOTTIL VELU,CHEMBRASSERI

5. INDIRA,W/O.UNNIKRISHNAN,THOTTUPADI,

6. ANITHA,W/O.UNNI,VALLIYEMMAL HOUSE,

7. VALLI,W/O.KATTILANCHERI KORU,NENMINI

                For Petitioner  :SRI.M.A.ABDUL HAKHIM

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :22/05/2009

 O R D E R
                    S.S. SATHEESACHANDRAN, J.
                - - - - - - - - - - - - - - - - - - - - - - - - -
                         Tr.P.(C) No.138 of 2009
                - - - - - - - - - - - - - - - - - - - - - - - - -
                          Dated: 22nd May, 2009

                                    ORDER

Petitioner is the appellant in two appeals; one pending before

the District Court, Manjeri and the other before this court. Both of

them arise from a common judgment passed in two suits after joint

trial. The above petition has been filed for transferring the appeal

pending before the District Court, Manjeri, namely, A.S.No.88/06, to

have a hearing of that appeal along with R.F.A.No.510/06 pending

before this court. A transfer petition of this nature is not required to

call for the connected appeal pending before the District Court arising

from the common judgment once an appeal from such judgment has

already entertained and taken on the file of this court. The petitioner

can move the court where R.F.A.No.510/06 is pending seeking for a

direction for orders to call for the connected appeal from the District

Court, Manjeri. Subject to the above observation, the Transfer

Petition is closed.

srd                              S.S. SATHEESACHANDRAN, JUDGE