Allowed

L.C.Chandralekha v. C.Anirudhan

Kerala HC7 Jul 2008Tr.P(C)/153/2008

Case brief

AI extract

What is this about?

Transfer Petitions Nos.153 & 154 of 2008 filed in the High Court of Kerala were considered to acquiesce the transfer of two suits from Munsiff Court, Kollam to Munsiff Court, Karunagapally due to allegations against respondents Advocates. The petitions were allowed and suits were transferred and included in the special list for expeditious disposal.

What did the court decide?

O.S.No.900 of 2006 and O.S.No.468 of 2007 were transferred from Munsiff Court, Kollam to Munsiff Court, Karunagapally for disposal.

L.C.Chandralekha Vs C.Anirudhan — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930

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Tr.P(C).No. 153 of 2008() ------------------------OS.900/2006 of PRL.MUNSIFF COURT, KOLLAM

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PETITIONER

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L.C.CHANDRALEKHA, AGED 61 YEARS, W/O.C.K.PRAKASAN, MOONLIGHT, CHEMBUMUKKU, KAKKANAD WEST.P.O, ERNAKULAM DISTRICT.

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BY ADV. SRI.K.K.JAYARAJ NAMBIAR

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RESPONDENTS:

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C.ANIRUDHAN, AGED 64 YEARS,

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S/O.ANEPPIL R.CHANRASEKHARAN, KUZHIKKANATHU VEEDU, MANIDEEPA, S.N.NAGAR, TRIVANDRUM.(PRESENTLY RESIDING AT MANIDEEPAN, S.N.NAGAR, PETTAH, TRIVANDRUM.)

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VALSALA RAMACHANDRAN, AGED 60 YEARS, W/O.RAMACHANDRAN (LATE), KUZHIKKANATHU VEEDU, CHANDRAGIRI, THIRUMULLAVARAM.P.O, NEAR VISHNATHU KAVU TEMPLE, KOLLAM.

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RANICHANDRA, AGED 34 YEARS, D/O.RAMACHANDRAN (LATE), KUZHIKKANATHU VEEDU, CHANDRAGIRI, THIRUMULLAVARAM.P.O, NEAR VISHNATHU KAVU TEMPLE, KOLLAM.

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DR.RAMESHAN, AGED 32 YEARS,

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S/O.RAMACHANDRAN (LATE), KUZHIKKANATHU VEEDU, CHANDRAGIRI, THIRUMULLAVARAM.P.O, NEAR VISHNATHU KAVU TEMPLE, KOLLAM.

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C.SREEKUMAR,

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S/O.ANEPPIL R.CHANDRASEKHARAN, AGED 52 YEARS, KUZHIKKANATHU VEEDU, KUREEPUZHA SOUTH, KAVANAD.PO, KOLLAM-3.

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Tr.P.(c) No.153/2008

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: 2 :

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C.RAJENDRAN,

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S/O.ANEPPIL R.CHANDRASEKHARAN, AGED 54 YEARS, KUZHIKKANATHU VEEDU, KUREEPUZHA SOUTH,

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KAVANAD.P.O, KOLLAM-3.

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L.C.CHITRALEKHA,

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D/O.ANEPPIL R.CHANDRASEKHARAN, AGED 61 YEARS, KUZHIKKANATHU VEEDU, KUREEPUZHA SOUTH, KAVANAD.PO, KOLLAM-3.(PRESENTLY RESIDING AT CHAITHRAM, NEERAVIL, PERINADLU.P.O.KOLLAM)

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BY ADV. SRI.B.SURESH KUMAR.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, ALONG WITH Tr.P.(C) No.154/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.SASIDHARAN NAMBIAR, J.

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Tr.P.(C) Nos.153 & 154 of 2008

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Dated this the 7^th July, 2008.

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O R D E R

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Transfer Petition No.153 of 2008 is filed by the plaintiff in O.S.No.900 of 2006, on the file of Munsiff Court, Kollam, and Transfer Petition No.154 of 2008 is filed by the same petitioner who is the sole defendant in O.S.No.468 of 2007, on the file of the same court, to order transfer of both the suits to a court outside Kollam District.

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When notice was issued to the respondents, Advocate Sri.B.Suresh Kumar appeared for the sole respondent in Tr.P. (C) No.154 of 2008 and 5^th respondent in Tr.P.(C) No.153 of 2008. The learned counsel submitted that he has instructions to represent all the respondents in Tr.P.(C) No.153 of 2008. The learned counsel appearing for the respondents though disputed the allegations raised in the transfer petitions, submitted that respondents have no objection for transferring the suits to any other court in Kollam District. Considering the allegation that petitioner is not permitted to prosecute

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Tr.P.(C) Nos.153 & 154 of 2008

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the suits at Kollam, as some of the respondents are practising Advocates, it is submitted that case may be transferred to Munsiff Court, Karunagapally.

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In such circumstances, both the petitions are allowed. O.S.No.900 of 2006 and O.S.No 468 of 2007 are withdrawn from the file of Munsiff Court, Kollam, and transferred to Munsiff Court, Karunagapally, for disposal, in accordance with law. The learned Munsiff is directed to include both the suits in the special list for the next month and dispose the same expeditiously.

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M.SASIDHARAN NAMBIAR, JUDGE

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nj.

L.C.Chandralekha v. C.Anirudhan

Case brief

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L.C.Chandralekha v. C.Anirudhan

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