Dismissed

Housing Development Finance Corporation (in Short Hdfc) Ltd. v. Janaki T.M.

Kerala HC23 Jun 2016Tr.P(C)/460/2013

Case brief

AI extract

What is this about?

The High Court of Kerala, on a transfer petition, observed that a stay petition filed in the main suit for loan realization is sub judice and therefore no immediate transfer of the related injunction suit is warranted. The petition was dismissed without prejudice to a future application once the stay is vacated.

What did the court decide?

Transfer of O.S.No.45/2010 from Munsiff's Court, Ranni to Sub Court, Ernakulam dismissed.

Housing Development Finance Corporation (in… — Civil Procedure and Limitation | 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.HARILAL

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THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938

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Tr.P(C).No. 460 of 2013

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OS.45/2010 OF MUNSIFF COURT, RANNI

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PETITIONER(S):

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HOUSING DEVELOPMENT FINANCE CORPORATION (IN SHORT HDFC) LTD. M.G.ROAD, KOCHI-16 REPRESENTED BY ITS ASSISTANT MANAGER (LEGAL), SACHIN A.S.

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BY ADV. SRI.C.P.SAJI

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RESPONDENT(S):

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1. JANAKI T.M., W/O.KUTTAPPAN, KAIPPAMALA HOUSE, CHATHANTHARA P.O., CHANTHANTHARA KARA, KOLLAMULA VILLAGE, RANNI TALUK, PIN-686510.

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2. RAVIKUMAR M.K.,

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S/O.KUNJAPPAN, RESIDING AT QUARTER NO.311-A, BLOCK NO.6, NAIVELI, TAMILNADU, PIN-607803, NOW RESIDING AT MAMMARATHARA HOUSE, KANAKKANKADAVU, ELANTHIKKARA P.O., PIN-683504.

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3. PRABHA KUTTAPPAN,

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MAMMARATHARA HOUSE, MALA, KANAKKANKADAVU, ELANTHIKKARA P.O., PIN-683504.

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R1 BY ADV. SRI.C.P.PEETHAMBARAN

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Tr.P(C).No. 460 of 2013

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1: TRUE COPY OF THE PLAINT IN OS.45/2010 ON THE FILE OF THE MUNSIFF'S COURT RANNI DATED 19/2/10

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ANNEXURE A2: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN OS.45/10 BEFORE THE MUNSIFF'S COURT, RANNI

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ANNEXURE A3: TRUE COPY OF THE PLAINT IN OS.856/12 PENDING ON THE FILE OF THE SUB COURT, ERNAKULAM.

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ANNEXURE A4: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE R1 IN OS..856/12 PENDING BEFORE THE SUB COURT ERNAKULAM

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ANNEXURE A5: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE R2 & R3 IN OS.856/12 PENDING BEFORE THE SUB COURT ERNAKULAM

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ANNEXURE A6: TRUE COPY OF THE IA.4832/13 IN OS.856/12 ON THE FILE OF THE SUB COURT ERNAKULAM.

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

K.HARILAL, J.

Tr.P.(C). No.460 of 2013

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Dated this the 23^rd day of June, 2016

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The petitioner filed O.S.No.856/2012 before the Sub

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Court, Ernakulam for realisation of home loan arrear due from the respondents herein. The 3^rd defendant in the original suit, who is the 1^st respondent herein, has filed O.S.No.45/2010 for permanent prohibitory injunction restraining the petitioner from realising the above said loan arrear from the plaint schedule property which belongs to her, before the Munsiff's Court, Ranni. Thus, the two suits with respect to the same subject matter are pending before different courts having different pecuniary jurisdiction. This Transfer Petition is filed seeking an order transferring O.S.No.45/2010 from the Munsiff's Court, Ranni to the Sub Court, Ernakulam. The 1^st respondent/3^rd defendant filed a petition under Section 10 of the Code of Civil Procedure in

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Tr.P(C).460/13 :2:

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O.S.No.856/2012 for staying the proceedings in O.S.No.856/2012 till the disposal of O.S.No.45/2010, pending before the Munsiff's Court, Ranni. The learned counsel for the petitioner submits that the said petition stands allowed. This Court is of the view that if the petition filed under Section 10 of the C.P.C. is allowed, no purpose will be served by passing an order transferring O.S.No.45/2010 from the Munsiff's Court, Ranni to the Sub Court, Ernakulam. In the above view, at present, I do not find any reason to transfer the said case.

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This Transfer Petition will stand dismissed. I make it clear that this order will not stand in the way of filing a fresh application, after vacating the stay order passed in O.S.No.856/2012 as this Court has not adverted to the merits of the issue.

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K. HARILAL, JUDGE

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okb.23/6

Housing Development Finance Corporation (in Short Hdfc) Ltd. v. Janaki T.M.

Case brief

What is this about?

What did the court decide?

Housing Development Finance Corporation (in Short Hdfc) Ltd. v. Janaki T.M.

Case brief

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