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Rithu Sebastian vs Dr.Robin Thomas on 27 July, 2016 cites

Jency vs Biju Thomas on 22 September, 2005

310) = (2011(4) KLT 447) in similar set of circumstances. So a combined reading of these two decisions will go to show that section Tr.P. (Civil) No.456 of 2016 4 23(3) is subject to section 25 of the Code of Civil Procedure and apex court alone has got power to transfer cases from one court to another court subordinate to different High Courts. So the dictum laid down in the decision reported in Jency v. Biju Thomas (2005 (4) KLT 766) is not good law, in view of the subsequent decision of the apex court.
Kerala High Court Cites 14 - Cited by 1 - K T Sankaran - Full Document

Durgesh Sharma vs Jayshree on 26 September, 2008

But in the decision reported in Durgesh Sharma v. Jayshree Sharma (2008(9) SCC 648)=(2008 KHC 4883), the Hon'ble Supreme Court has held that, if two courts are subordinate to different High Court, one High Court has no power/jurisdiction or authority to transfer a case pending in any court subordinate to that High Court to the Court Subordinate to other High Court, it is only the Supreme Court which may order the transfer. The scope of section 23, 24, and 25 of Code of Civil Procedure has been considered in that decision and held that in such circumstances, the apex court alone has got power to transfer the case from a court subordinate to one High Court to another court subordinate to another High Court and High Courts have no power to transfer the case invoking section 23(3) of the Code of Civil Procedure.
Supreme Court of India Cites 31 - Cited by 82 - C K Thakker - Full Document
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