Allowed

Baduva Alias Baduvankunhi Beary v. Khadeeja and Another

Kerala HC28 Nov 2008Tr.P(C)/250/2008

Case brief

AI extract

What is this about?

Court allowed Civil Transfer Petition 250 of 2008 transferring an appeal from Sub Court Kasaragod to Sub Court Kanhangad. Notice issuance to respondents was noted but not treated as a bar to transfer given subsequent representation details.

What did the court decide?

Order that A.S.54/03 pending before Sub Court, Kasaragod shall stand transferred to Sub Court, Kanhangad. Transfer petition allowed.

Baduva Alias Baduvankunhi Beary Vs Khadeeja and… — Writ and Judicial Review | Kerala HC (2008)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN

¶4

FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930

¶5

Tr.P(C).No.250 of 2008

¶6

--------------------------AS.54/2003 of SUB COURT, KASARAGOD

¶7

PETITIONER

¶8

--------------

¶9

BADUVA ALIAS BADUVANKUNHI BEARY, S/O. ABDULLA BEARY, YERA, KUMBADJE VILLAGE, KASARAGOD.

¶10

BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA

¶11

RESPONDENTS:

¶12

------------------

¶13

1. KHADEEJA, W/O. SEETHY, YERA, KUMBADJE VILLAGE, KASARAGOD.

¶14

2. MOHAMMED, YERA, KUMBADJE VILLAGE, KASARAGOD.

¶15

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

K.P.BALACHANDRAN, J.

¶17

Tr. P. C. No.250 of 2008

¶18

Dated this the 28^th day of November, 2008

¶19

ORDER

¶20

The prayer in this transfer petition is to transfer A.S.54/03 now pending before the Sub Court, Kasaragod to any other court preferably the District Court, Kasaragod, Sub Court, Kanhangad or Sub Court, Thalassery. The reasons alleged for transfer of the case stands prima facie established on an enquiry conducted by the Vigilance Registrar and for submission of detailed report, it is informed that the vigilance Registrar requires more time. In the circumstances, the transfer of the appeal from the Sub Court, Kasaragod prayed for is justified. However, notice though issued from this Court had not been served to the respondents. It is submitted that the appeal has been filed by the respondents against the petitioner and it

¶21

-2-

¶22

Tr. P. C. No.250 of 2008

¶23

would suffice if the petitioner files a memo in the transferee court reporting the fact of having given notice of transfer to that court to the counsel appearing for the appellant and filing memo in that behalf before the transferee court in the appeal when it is so transferred.

¶24

In the result, I order that A.S.54/03 now pending before the Sub Court, Kasaragod shall stand transferred to Sub Court, Kanhangad. This transfer petition is thus allowed.

¶25

Petitioner to produce a copy of this order before the Sub Court, Kasaragod forthwith to effect a transfer of A.S.54/03 as ordered above and to publish notice of the said transfer so that the counsel for the appellant also may take notice. He shall also give detailed information to the counsel for the appellant as regards this order and shall

¶26

Tr. P. C. No.250 of 2008 -3-

¶27

file memo in that behalf before the transferee court without delay.

¶28

Issue copy of this order to the

¶29

counsel for the petitioner urgently.

¶30

K.P.BALACHANDRAN, JUDGE

¶31

kns/-

¶32

-4-

¶33

Tr. P. C. No.250 of 2008

¶34

K.P.BALACHANDRAN, J.

¶35

I. A. No.2259 of 2008 in Tr. P.C No.250, of 2008, I. A. No.2260 of 2008 in Tr. P.C No.251 of 2008, I. A. No.2262 of 2008 in Tr. P.C No.252 of 2008, I. A. No.2263 of 2008 in Tr. P.C No.253 of 2008 & I. A. No.2264 of 2008 in Tr. P.C No.254 of 2008

¶36

Dated this the 12^th day of November, 2008

¶37

ORDER

¶38

When these matters came up for consideration, the counsel for the petitioner in all these transfer petitions (five in number) is unable to submit as to for what purpose these transfer petitions are filed and he is not having the files also with him. His submission is for extension of stay. Interim stay is extended by three weeks.

¶39

K.P.BALACHANDRAN, JUDGE

¶40

kns/-

Baduva Alias Baduvankunhi Beary v. Khadeeja and Another

Case brief

What is this about?

What did the court decide?

Baduva Alias Baduvankunhi Beary v. Khadeeja and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Moidu Vs Mukthiar Gopalan

Raveendran Vs Vijayanathan & Others

George Merlin Vs Saju John

S.A.B.S. Adoration Convent & Others Vs Agnusamma & Another

A.M.Ibrahim Vs M.Hameed and Others

Bijimol.P Vs Shiju.M.P.