TR.P(C) NO. 599 OF 2024 1 2025:KER:29047 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 TR.P(C) NO. 599 OF 2024 AGAINST THE ORDER/JUDGMENT IN OS NO.34 OF 2019 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, QUILANDY PETITIONERS: 1 NAJIMA, AGED 55 YEARS D/O. UMMAR HAJI, CRESENT VILLA, KUNINGAD P.O., PURAMERI, VATAKARA, KOZHIKODE., PIN - 673503 2 NASIYATH AGED 42 YEARS D/O. MAMMU, THANIMA HOUSE, AYANIKKAD P.O., KOYILANDY, KOZHIKODE DISTRICT., PIN - 673521 3 CHUNDAM PUNATHIL KUNHAMMAD AGED 44 YEARS S/O. ALI, IRINGANNUR P.O., VATAKARA TALUK, KOZHIKODE DISTRICT., PIN - 673505 4 THATTANTAVIDA ASHRAF AGED 48 YEARS S/O. KUNHABDULLA, IRINGANNUR P.O., VATAKARA TALUK, KOZHIKODE DISTRICT., PIN - 673505 5 NADUKKANDY MUHAMMAD ZAKKIR AGED 54 YEARS S/O. IBRAHIM, EDAKKULAM P.O., KOYILANDY, KOZHIKODE DISTRICT., PIN - 673306 6 AAMBICHIKATTIL ABDUL RAZAK AGED 64 YEARS S/O. MUHAMOOD, CHINGAPPURAM P.O., ELAMBILAD, KOYILANDY TALUK, KOZHIKODE DISTRICT., PIN - 673529 TR.P(C) NO. 599 OF 2024 2 2025:KER:29047 7 P.K. ASHRAF AGED 58 YEARS S/O. MOIDU, 'ANKHAMAR', PERUNGATHUR P.O., PULIYAMBAM, THALASSERY TALUK, KANNUR DISTRICT., PIN - 670675 8 PUTHAN PURAYIL ABDULLA, AGED 63 YEARS S/O. MUHAMMAD, MAYYANNUR P.O., VILLYAPPALLY, VATAKARA TALUK, KOZHIKODE DISTRICT., PIN - 673542 9 KUNNANGAD PATHU, AGED 72 YEARS W/O. A.P. MOOSA HAJI, KUNNANGAD HOUSE, VILLYAPPALLY HOUSE, THIRUMABA DESOM, VILLYAPPALLY P.O., VAAKARA TALUK, KOZHIKODE DISTRICT., PIN - 673101 BY ADVS. C.P.PEETHAMBARAN KARTHIKA PEETHAMBARAN NEERAJA VENUGOPAL ARJUN J DAS RESPONDENTS: 1 HAMNAZ K.P AGED 34 YEARS S/O. NAZAR, MARIYAS HOUSE, ULLIYERI AMSOM DESOM, ULLIYERI P.O., KOYILANDY TALUK, KOZHIKODE DISTRICT., PIN - 673620 2 HASHIM, AGED 53 YEARS S/O. ABDULLA, KALARIVAZLAPPIL HOUSE, MUCHUKUNNU NORTH P.O., MOODALI AMSOM, MUCHUKUNNU DESOM, QUILANDY TALUK, KOZHIKODE DISTRICT., PIN - 673307 BY ADVS. M.PROMODH KUMAR J.JOY MAYA CHANDRAN(K/2573/1999) THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 599 OF 2024 3 2025:KER:29047 ORDER (Dated this the 4th day of April, 2025) This transfer petition is filed to transfer O.S.No.34 of 2019 on the files of the Sub Court, Quilandy to Sub Court Thalassery. 2. The learned counsel for the petitioner now submits that he will be satisfied if a direction is issued to the Sub Court, Quilandy, to take up O.S 34 of 2019 and dispose of the same within a time frame. He also points out Annexure A3, the judgment dated 30.03.2022 in OP(C ) No. 1502 of 2021, wherein this Court has already directed the Sub Court to dispose of the suit within four months from the date of receipt of a copy of the judgment. But due to unavoidable circumstances, the same could not be disposed of. 3. A report was called for, and a report dated 05.10.2024 was received. It is stated that the suit was decreed ex parte on 15.12.2022 thereafter, the suit was restored back on 11.01.2024 by having allowed RPIA 1 of 2023. The trial of the suit is now proceeding. 4. It is also stated that I.A.No.17 of 2024 is filed by the 1 st TR.P(C) NO. 599 OF 2024 4 2025:KER:29047 defendant seeking amendment of the written statement, and it is posted for objection and hearing. 5. Taking into consideration that already there was a direction from this Court in the year 2022, I deem it appropriate to dispose of the transfer petition directing the Sub Court, Quilandy to dispose of the suit within three months from the date of receipt of a certified copy of this order. The Transfer Petition is disposed of as above. Sd/- BASANT BALAJI, JUDGE saap TR.P(C) NO. 599 OF 2024 5 2025:KER:29047 APPENDIX OF TR.P(C) 599/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF O.S. NO. 34/2019 DATED 28/10/2019 FILED BY THE PETITIONERS/PLAINTIFFS BEFORE SUB COURT, QUILANDY Annexure A2 TRUE COPY OF THE WRITTEN STATEMENT DATED 20/09/2020 FILED BY THE 1ST DEFENDANT IN O.S. NO. 34/2019 BEFORE SUB COURT, QUILANDY Annexure A3 TRUE COPY OF THE JUDGMENT DATED 30/3/2022 IN OP(C ) NO. 1502/2021 OF THIS HON’BLE COURT //True copy//PA to Judge