Dismissed

Ancy George v. Ajitha Biju

Kerala HC27 Jan 2016OP(C)/240/2016

Case brief

AI extract

What is this about?

This judgment dismisses an original petition challenging an order transferring a property dispute between two subordinate courts for conciliation. The court observed that the same parties and subject matter were involved in a recovery of possession suit and an injunction suit, finding no error in the transfer order.

What did the court decide?

The original petition is dismissed. The impugned order of transfer is upheld.

Ancy George Vs Ajitha Biju — Property and Title | Kerala HC (2016)

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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 K.ABRAHAM MATHEW

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WEDNESDAY, THE 27TH DAY OF JANUARY 2016/7TH MAGHA, 1937

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OP(C).No. 240 of 2016 (O)

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OS 29/2013 OF SUB COURT, KATTAPPANA OPTR 220/2014 OF DISTRICT COURT, THODUPUZHA DATED 30-03-2015

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PETITIONER(S):

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ANCY GEORGE, AGED 46 YEARS, W/O. GEORGEKUTTY, PUTHIYAPRAMBIL HOUSE, EZHUKUMVAYAL KARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT.

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BY ADVS.SRI.G.HARIHARAN

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SRI.PRAVEEN.H.

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RESPONDENT(S):

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1. AJITHA BIJU, AGED 35 YEARS, W/O. BIJU, ANJILIMOOTTIL HOUSE, SANTHIGRAMKARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685 554.

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2. BIJU, AGED 38 YEARS, ANJILIMOOTTIL HOUSE, SANTHIGRAMKARA, KALKOONTHAL VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685 554.

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3. GOPALAKRISHNAN NAIR, AGED 52 YEARS, NALLOOR HOUSE, KATTAPPANA P.O., KATTAPPANA VILLAGE, UDUMCHOLA TALUK, IDUKKI DISTRICT - 685 554.

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4. TOM T. JOSE, AGED 52 YEARS, THOTTUMCHALIL HOUSE, VALLAKADAVU P.O., KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685 554.

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5. SIBY JOSEPH, AGED 46 YEARS, S/O. JOSEPH, THOTTUMCHALIL HOUSE, VALLAKADAVU P.O. KATTAPPANA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT - 685 554.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 240 of 2016 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 - TRUE COPY OF THE TRANSFER PETITION DT. 22.8.2014 IN OP NO. 220/2014 FILED BY THE REPONDENTS 1 AND 2 BEFORE THE DISTRICT THODUPUZHA.

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P2 - TRUE COPY OF THE OBJECTION DT. 27.10.2014 FILED BY THE PETITIONER BEFORE THE DISTRICT COURT, THODUPUZHA IN OP 220/2014.

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P3 - TRUE COPY OF THE ORDER DT. 30.3.2015 IN OP 220/2014 ALLOWING TRANSFER OF OS NO. 250/2012 PENDING BEFORE THE MUNSIFF COURT, KATTAPPANA TO THE SUB COURT KATTAPPANA.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

K.ABRAHAM MATHEW, J.

=======================

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O.P.(C) No.240 of 2016

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============================ Dated this the 27^th day of January, 2016

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JUDGMENT

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1.Petitioner is the defendant in O.S No.250 of 2012 of Munsiff

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Court, Kattappana, filed by the respondents for a perpetual injunction restraining trespass in respect of the plaint schedule immovable property. The petitioner filed O.S No.29 of 2013 in Sub Court, Kattappana for recovery of possession of the very same property. The learned District Judge has ordered transfer of the property pending in the Munsiff Court to Sub Court. This is challenged.

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2.Heard.

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3.The subject matter is the same. The parties are the same. Only the reliefs are different. By filing a suit for recovery of possession the petitioner has admitted possession of the opposite party. In these circumstances, I do not find anything wrong with the impugned order.

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In the result, this original petition is dismissed.

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Sd/K.ABRAHAM MATHEW , JUDGE

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vdv/28/01/16

Ancy George v. Ajitha Biju

Case brief

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Ancy George v. Ajitha Biju

Case brief

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