The petitioner is a society. It is involved in three suits namely OS Nos. 300/2009, 200/2011 and 307/2012. All the suits except OS No. 307/2012 are pending before the Sub Court, Neyyattinkara. OS No. 307/2012 is pending before the Munsiff Court, Neyyattinkara. The prayer in this transfer petition is to transfer OS No. 307/2012 to Sub Court Neyyattinkara to be tried alongwith the other suits.
2. Heard the learned senior counsel and other counsel appearing for the parties.
3. It is submitted that the question who should represent the society which has filed this transfer petition is under consideration of the Sub Court, Neyyattinkara pursuant to the directions issued by this Court in a writ petition. Mainly on that ground the prayer to transfer the suit is objected to. But I think that will not affect the transfer of the case. OS No. 307/2012 can
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be transferred to Sub-Court Neyyattinkara. Whether that case should be tried alongwith the other suits is to be determined by the Sub-Judge; but that shall not be done till disposal of IA No. 1880/2009 pending in that Court.
In the result, this petition is allowed. OS No. 307/2012 on the file of the Munsiff Court, Neyyattinkara is transferred to Sub Court, Neyyattinkara. After the disposal of IA No. 1880/2009, the learned Sub-Judge shall decide whether it is proper to try OS No. 307/2012 alongwith the other suits mentioned above.
SD/-
K. ABRAHAM MATHEW, JV JUDGE