Muhammed Sadique vs Sajith and Others

Thomas P. Joseph, J.—Dismissal of O.P. (T.P.) No. 130 of 2010 by the learned District Judge, Thiruvananthapuram is under challenge in this Writ Petition. Petitioner/defendant in O.S. No. 131 of 2009 of the court of learned Munsiff, Varkala filed that petition for transfer of the case to some other court. Grievance of petitioner is that learned Munsiff interfered in the course of cross examination of the witnesses of respondents/plaintiffs and the argument. Petitioner feels apprehensive in that conduct of the learned Munsiff. Petitioner therefore wanted a transfer of the case. Learned District Judge after hearing the objection of respondents held that there is no reason to think that petitioner has any genuine apprehension requiring transfer of the case and consequently dismissed the petition. Learned Counsel for petitioner contends that apprehension of petitioner is genuine and has to be looked into. It is stated that it is not sufficient that justice is done, but it must be done seemingly as well.

It is seen from the observations made by the learned District Judge that parties examined their witnesses and proved their documents which was spread over several days. Later, case was posted for hearing on 14.06.2010. Then it was represented on behalf of petitioner that hearing note is being filed. The case was posted on 17.06.2010, 18.06.2010 and on 19.06.2010. When it was noticed that hearing note has not been filed learned Munsiff heard counsel on both sides. Learned District Judge has observed in the impugned order that learned Counsel for petitioner argued the case before the learned Munsiff for more than one hour. The case was then taken up for judgment. In the meantime on account of some dispute regarding survey number respondents filed application to reopen the case and to adduce evidence. (I am told that petitioner also has filed an application to receive additional documents). The case stood posted for judgment on 02.09.2010 and now (as the learned Counsel submits) it is posted on 06.09.2010. I have heard learned Counsel for petitioner and gone through the order of learned District Judge. I am not persuaded to think that there is any genuine reason for petitioner to feel apprehensive about a fair trial and decision in the case. In that situation learned District Judge is justified in refusing to order transfer of the case. I do not find reason to interfere.

Writ Petition is dismissed.