This is a petition filed under Section 24 of the Code of Civil Procedure seeking to have A.S.No.199/2012 pending before the Principal District Court, Thiruvananthapuram transferred to 2nd Additional District Court, Thiruvananthapuram to hear along with A.S.No.197/2012 pending before that court. 2. The petitioner points out that two appeals arise from the same suit and it is only appropriate that the matter be heard by the same court so as to avoid conflict of decisions.
3. Learned counsel appearing for the respondents point out that one of the appeals is from preliminary decree and the other from final decree and there is nothing common in the two appeals and the issue arises for consideration is different and distinct. It is also pointed out that in A.S.No.199/2012, there is a delay petition where the delay is more than 7000 days and that is yet to be considered.
T.P.(C) No.447/2013 2
4. In the light of the fact that one appeal is from preliminary decree and the other is from final decree, it could not be said that there is anything common in the two appeals to be decided by the same court. It is only appropriate that the matter be heard by the two different courts so that one court need not be prejudiced by the disposal of the other appeal.
In the result, this petition is dismissed. However, the Principal District Court, Thiruvananthapuram is directed to take up A.S.No.199/2012 along with the delay petition and dispose of the same at the earliest, at any rate, within a period of three months from the date of receipt of a copy of this order.
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P.BHAVADASAN JUDGE smp // True copy // P.A. to Judge.