Munni Begum v. Kerala State Road Transport Corporation

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 Tr.P(C).No.654 of 2014 OP(MV) NO.1884/2012 OF THE 7TH ADDITIONAL DISTRICT COURT,ERNAKULAM ..

PETITIONERS:

1.

MUNNI BEGUM,W/O.LATE S.K.JAHANGIR,AGED 55 YEARS, 10/4D,TITJALA,SHIBTALA LANE,POLICE STATION, KARAYA,KOLKATA 700 039.

2.

S.K.BABAR,S/O.LATE S.K.JAHANGIR,AGED 26 YEARS 10/4D,TITJALA,SHIBTALA LANE,POLICE STATION, KARAYA,KOLKATA-700 039.

3.

TABASSUM ARA,D/O.LATE S.K.JAHANGIR,AGED 26 YEARS, 10/4D,TITJALA,SHIBTALA LANE,POLICE STATION, KARAYA,KOLKATA-700 039.

BY ADVS.SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.SEBIN THOMAS SRI.VIVEK V.KANNANKERI RESPONDENTS:

1.

KERALA STATE ROAD TRANSPORT CORPORATION, (KSRTC),REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,FORT,THIRUVANANTHAPURAM, (REGISTERED OWNER OF BUS NO.KL-15/4191) 2.

T.P.VINU,S/O.PRABHAKARAN,THAIPARAMBIL VEEDU, SYED MOHAMMED ROAD,KUZHUPPILLY DESOM, EDAVANAKADU VILLAGE,KOCHI TALUK, ERNAKULAM DISTRICT,(DRIVER OF BUS NO.KL-15/4191) 3.

SHAHZAD KHAN,AGED 26 YEARS, S/O.M.D.NIZAMUDHIN KHAN,58/96-84, KAMATH LANE,T.D ROAD,ERNAKULAM,COCHIN-35 R1 BY SRI.M.GOPIKRISHNAN NAMBIAR,SC,KSRTC R3 BY ADV.SRI.C.U.SANGEETH BY SRI.A.MOHAMMED SAVAD THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

pk

Tr.P(C).No.654 of 2014 APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE I:TRUE COPY OF THE O.P.(MV)NO.1884/2012 FILED BEFORE THE MACT,ERNAKULAM.

ANNEXURE II:TRUE COPY OF THE O.P.(MV) NO.1887/2012 FILED BEFORE THE MACT,ERNAKULAM.

RESPONDENT'S ANNEXURES:

NIL //TRUE COPY// P.S. TO JUDGE pk

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No. 654 of 2014 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of March, 2015

O R D E R

This is a petition filed under Section 24 of the C.P.C. seeking to have O.P.(MV) No. 1884/2012 pending before the 7th Additional District Court, Ernakulam transferred to 8th Additional District Court, Ernakulam for trial and disposal. 2.

In respect of an accident, there are two claims; one is O.P.(MV)No. 1884/2012 pending before the 7th Additional District Court, Ernakulam and the other is in the 8th Additional District Court, Ernakulam.

3.

The petitioner says that since common issues arise for consideration, it is only appropriate that both the cases be disposed of by the same court in order to avoid conflict of decision.

4.

After having heard the learned counsel on both sides, it is felt that there is some substance in the allegations raised by the petitioner and it is only proper that

Tr.P.(C) No. 654 of 2014 -2both the cases are tried by the same court. In the result, this petition is allowed and O.P.(MV) No. 1884/2012 pending before the 7th Additional District Court, Ernakulam shall stand transferred to 8th Additional District Court, Ernakulam.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge