IN THE HIGH COURT OF KERALA AT ERNAKULAM
Tr.P(C).No. 47 of 2009()
1. SANULABDEEN, S/O JAMAL MUHAMMED,
... Petitioner
Vs
1. O.M.ABDUL RASHEED, S/O ABDUL HAMEED,
... Respondent
2. K.M.ABDUL KAREEM, S/O.MUHAMMADAJI,
For Petitioner :SRI.S.V.BALAKRISHNA IYER (SR.)
For Respondent :SRI.C.KHALID
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :05/02/2009
O R D E R
K.P. Balachandran, J.
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Tr.P.(C)No.47 of 2009
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ORDER
Heard counsel on both sides.
2. This is a petition filed by the plaintiff
in the suit for transfer of O.S.No.29/08 from the
Court of II Additional Sub Judge, Thiruvananthapuram.
3. Sri.Khalid, counsel for the respondents
submits that he has no objection to the transfer
requested for by the petitioner/plaintiff, but that
the transfer ordered shall not result in failure to
dispose of the suit within the period of four
months specified in the judgment in F.A.O.No.226/08
passed by a Division Bench of this Court on
25.11.2008.
4. As per the aforesaid judgment, this Court
directed the trial court to dispose of the suit
itself within a period of four months from the date
of receipt of a copy of the judgment. Both sides
submit that as per the above direction, the last
TPC 47/09 2
date to dispose of the suit will be 11.4.2009, as
probably, copy of judgment in FAO was received by
the court below only on 10.12.2008. It is further
submitted that the case stands posted for trial in
the list to 16.2.2009 after deposit of the balance
court fee on 14.1.2009 and that there was no
posting even for taking pre-trial steps.
5. In view of the submissions made, which are
not disputed by the counsel for the respondents, I
order that the suit O.S.No.29/08 listed for trial
on 16.2.2009 shall stand removed from the list and
shall stand transferred to the Principal Sub Court,
Thiruvananthapuram. The II Additional Sub Court,
Thiruvananthapuram shall transmit the records to
the Principal Sub Court, Thiruvananthapuram
forthwith. On receipt of records, the Principal
Sub Judge shall give a formal posting of the case
on 16.2.2009. The parties are allowed to take pre-
trial steps, if any, by 16.2.2009 and if, for any
reason, the parties ask for extension, a further
TPC 47/09 3
time of ten days also shall be granted, but, in any
event, the suit shall stand included for trial in
the list on 16th, 17th or 18th of March, 2009 as is
suitable and convenient for the Principal Sub
Judge. The submission that the last date to dispose
of the suit is only 11.4.2009 is ignored, as it is
not the concern of the Lawyers or the parties when
a direction is given to the court below to dispose
of the suit within a specified time on the request
made before this Court by the parties in any
proceedings. The time granted by this Court is for
the Officer to dispose of the suit and it is not
enough that the entire time allowed by this Court
is given to the parties to protract the litigation
and then to put the Officer to the predicament of
writing the judgment thereafter, for which, if
there is one or two days delay, he may have to
write to this Court for condonation of delay. When
the suit is listed, no party shall be entitled to
ask for adjournment, as this order is being passed
TPC 47/09 4
on consent of counsel on both sides and the parties
are bound to obey the oral undertaking given by the
counsel at the time of passing of this order.
The transfer petition is allowed and is
disposed of with the above directions.
5th February, 2009 (K.P.Balachandran, Judge)
tkv