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M.N.RAVI VARMA, S/O. P.N.GODAVARMA RAJA versus PUTHUKOLLI NARAYANAN

High Court of Kerala

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M.N.RAVI VARMA, S/O. P.N.GODAVARMA RAJA v. PUTHUKOLLI NARAYANAN - CRP No. 973 of 2006 [2007] RD-KL 274 (4 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 973 of 2006()

1. M.N.RAVI VARMA, S/O. P.N.GODAVARMA RAJA,
... Petitioner

Vs

1. PUTHUKOLLI NARAYANAN,
... Respondent

For Petitioner :SRI.T.KRISHNAN UNNI

For Respondent : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :04/01/2007

O R D E R

M.SASIDHARAN NAMBIAR, J.

........................................... C.R.P.No. 973 OF 2006 ............................................

DATED THIS THE 4TH DAY OF JANUARY, 2007

ORDER

This CRP is filed challenging the order of District Judge, Palakkad in O.P.(T)53 of 2006 declining transfer of the suit O.S.96 of 2004 pending before the Munsiff Court, Ottapalam to any other court. The case of petitioner was that O.S.96 of 2004 is a suit for damages for the loss of reputation caused by publication made in a Malayalam daily and for a similar report published in another Malayalam daily. O.S.97 of 2004 was filed claiming damages and the same learned Munsiff disposed O.S.97 of 2004 and he apprehends that the same decision will be followed in O.S.96 of 2004 and therefore the case is to be transferred to any other court. The learned District Judge appreciated the contentions raised by petitioner and held that it is not a sufficient ground to order transfer. Dissatisfied with that order, this revision is filed.

2. Learned counsel appearing for the petitioner argued that learned District Judge should have transferred the case to another court as the learned CRP 973/2006 2 Munsiff is bound to follow the decision taken in O.S.97 of 2004 and in the circumstances of the case trial by the same Munsiff would be of no use. As rightly found by the learned District Judge on that ground the suit cannot be transferred to another court. A suit cannot be transferred to another court on the ground that in similar suit Munsiff has taken a particular view. Petition is dismissed.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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