Allowed

Sisodia Educational, Medical and v. Kamalamma Joy

Kerala HC25 Feb 2008Tr.P(C)/260/2007

Case brief

AI extract

What is this about?

Transfer petition filed to shift a civil suit from Sub Court, Mavelikkara to avoid conflict of interest arising from a respondent being a practicing advocate. Court ordered transfer to Principal Subordinate Judge's Court, Alappuzha, while maintaining the same district.

What did the court decide?

Sid O.S.138/02 pending before Sub Court, Mavelikkara be transferred to Principal Subordinate Judge's Court, Alappuzha, for trial and disposal.

Sisodia Educational, Medical and Vs Kamalamma… — 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.N.KRISHNAN

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MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929

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Tr.P(C).No. 260 of 2007

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-------------------------------OS.138/2002 OF SUB COURT, MAVELIKKARA. ....................

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PETITIONERS:

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

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1. SISODIA EDUCATIONAL, MEDICAL AND CHARITABLE SOCIETY, REGISTERED.NO.A.12/1987, REPRESENTED BY CHAIRMAN, REV. FR. M.K.VARGHESE, MUTHALAVANA PARAMBIL, KALEECKAL,CHERUVALLOOR MURI, CHERIYANAD VIA., CHENGANNUR.

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2. REV. FR. M.K.VARGHESE, MUTHALAVANA PARAMBIL, KALEECKAL,CHERUVALLOOR MURI, CHERIYANAD VIA, CHENGANNUR.

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BY ADV. SRI.ROY CHACKO.

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RESPONDENTS:

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

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1. KAMALAMMA JOY, W/O. JOY, RESIDING AT JYOTHIS, PONAKAM, THEKKEKARA, MAVELIKKARA.

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2. JISHU SUSAN JOY, D/O. KAMALAMMA JOY,

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-DO- -DO-

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3. JEEVAN JOY,

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-DO- -DO-

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BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL), SRI.A.R.DILEEP, SMT.KAVITHA GANGADHARAN.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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M.N. KRISHNAN, J.

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= = = = = = = = = = = = = = Tr.P.C. NO. 260 OF 2007 = = = = = = = = = = = = = = = Dated this the 25^th day of February, 2008.

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J U D G M E N T

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This Transfer Petition is preferred to transfer

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O.S.138/02 pending before the Subordinate Judge, Mavelikkara to some other Court outside Alappuzha district. Heard the learned counsel for both sides. I do not want to go into the merits or demerits of the allegations for the reason that the case is not disposed of on merits. One of the parties to the case is a practicing advocate. The Transfer petitioner feels that he cannot get justice. I feel such an apprehension is unfounded for the reason that the Court will never be carried away by the position of a party in a litigation. But at the same time since the apprehension is raised it will lead to unpleasant situation and also it should see that justice should not only be done but it must seem to be done. I feel the case can be transferred to another Sub

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Tr.P.C. NO. 260 OF 2007

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-:2:-

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Court in the same District for trial and disposal. Therefore I direct O.S.138/02 pending before the Sub Court, Mavelikkara be transferred to Principal Subordinate Judge's Court, Alappuzha for trial and disposal and the Subordinate Judge Mavelikkara is directed to transmit the files immediately and the Subordinate Judge, Alappuzha is directed to dispose of the case before the Court closes for summer holidays.

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The Tr.P.C. is disposed of accordingly.

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M.N. KRISHNAN, JUDGE.

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ul/-

Sisodia Educational, Medical and v. Kamalamma Joy

Case brief

What is this about?

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Sisodia Educational, Medical and v. Kamalamma Joy

Case brief

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