Allowed

Bala Subramanyam v. Babu Sreedhar

Kerala HC15 Nov 2016Tr.P(C)/517/2016

Case brief

AI extract

What is this about?

Transfer Petition filed seeking to transfer two appeals (A.S.271/2015 and A.S.192/2015) pending before different Additional District Courts to the First Additional District Court, Mavelikkara. Court allowed transfer to hear connected appeals by the same judge.

What did the court decide?

A.S.271/2015 pending before 2nd Additional District Court, Mavelikkara was withdrawn and transferred to 1st Additional District Court, Mavelikkara for disposal.

Bala Subramanyam Vs Babu Sreedhar — 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.RAMAKRISHNAN

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TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938

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Tr.P(C).No. 517 of 2016

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AS 271/2015 OF ADDL.DISTRICT COURT-I, MAVELIKKARA -----------------

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PETITIONER(S):

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1. BALA SUBRAMANYAM, S/O. MADHAVA PANICKER, PLOT NO 101,VEMBANADU GARDENS, THAMMANAM, KOCHI 32.

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2. SREESUBHA, W/O. RAJU, AKHIL VILLA, KAPPIL WEST, KRISHNAPURAM P.O 690 541.

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3. ANJU RAJ, D/O. SREESUBHA AKHIL VILLA,KAPPIL WEST,KRISHNAPURAM PO.

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4. CHANDRAVALLY,W/O BHASKARAN,

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CHAKKALAMURIYIL HOUSE, KAPPIL WEST KRISHNAPURAM.

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BY ADVS.SRI.K.SASIKUMAR

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SRI.S.ARAVIND SRI.K.JANARDHANA SHENOY SRI.P.S.RAGHUKUMAR

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RESPONDENT(S):

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1. BABU SREEDHAR, S/OSREEDHARAN, VATTAKKATTU HOUSE,KAPPIL WEST MURI,

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KRISHNAPURAM P.O,ALAPUZHA DISTRICT 690541.

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2. ANILKUMAR, S/O SUKUMARA PANICKER, SEVAGRAM HOUSE,KAPPIL WEST MURI KRISHNAPURAM P.O, 690541.

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3. AKHIL RAJ, S/O RAJU, AKHIL VILLA,KAPPIL WEST, KRISHNAPURAM P.O,ALAPUZHA DISTRICT 690541.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.V.

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TPC NO 517 OF 2016:

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APPENDIX

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PETITIONERS ANNEXURES:

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A1: COPY OF THE JUDGMENT DATED 19-10-2015 IN O.S.454/2012 OF THE MUNSIFFS COURT KAYAMKULAM.

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A2: COPY OF THE MEMORANDUM OF APPEAL IN A.S.NO 271/2015 PENDING BEFORE THE ADDITIONAL DISTRICT COURT 11,MAVILIKARA.

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A3; COPY OF THE COMMON JUDGMENT DATED 31.1.2015 IN O.S. NO 65/2010 AND O.S. NO 359/12 OF THE MUNSIFFS COURT,KAYAMKULAM.

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A4: COPY OF THE APPEAL MEMORANDUM IN AS NO 50/2015 BEFORE THE ADDITIONAL DISTRICT COURT I MAVELIKARA.

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A5: COPY OF THE APPEAL MEMORANDUM IN A S NO 192/2015 WHICH WAS PENDING BEFORE THE ADDITIONAL DISTRICT COURT II MAVELIKARA.

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A6: COPY OF THE ORDER DATED 1.7.2016 IN TRPC NO 151/2016 PENDING BY THIS HON'BLE COURT.

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RESPONDENTS ANNEXURES: NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

K.RAMAKRISHNAN, J.

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Tr.P.(C) No.517 of 2016

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Dated this the 15^th day of November, 2016

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ORDER

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This petition has been filed by the petitioner seeking transfer of A.S.271/2015 of 2^nd Additional District Court to 1^st Additional District Court to be heard along with other connected appeals pending before that court under Section 24 of the Code of Civil Procedure.

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It is alleged in the petition that the petitioners are respondents 1, 3, 5, and 6 in A.S.271/2015 pending before 2^nd Additional District Court, Mavelikkara. They were defendants 1 and 4 and additional defendants 1, 4, 6 and 7 in O.S.454/2012 of Munsiff Court, Kayamkulam. 2^nd defendant died pending suit and 3^rd defendant also died during the pendency of the suit. Petitioners 3, 5, 6 and 3^rd respondent were impleaded as additional defendants 5 to 7 being the legal representatives of the third defendant. The 2^nd respondent herein was impleaded as additional 8^th defendant as the legal representative of the deceased 2^nd defendant. The copy of the plaint produced as Annexure-A1. The suit was dismissed by Munsiff Court, Kayamkulam as per Annexure-A1 judgment. The plaintiff filed A.S.271/2015 before the Additional District Court, Mavelikkara, which was made over to 2^nd Additional District Court, Mavelikkara evidenced by Annexure-A2. There were two other earlier suits tried by Munsiff Court, Kayamkulam between the same parties as O.S.65/2010 and O.S.359/2012 and both these cases were tried jointly and as per Annexure-A3 judgment

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Tr.P.(C) No.517 of 2016

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O.S.359/2012 was dismissed and O.S.65/2010 was partly decreed. The petitioners filed A.S.50/2015 against the judgment in O.S.65/2010 which is pending before the First Additional District Court, Mavelikkara. The first petitioner as appellant filed A.S.192/2015 and that is now pending before the first Additional District Court, Mavelikkarka evidenced by Exts.A4 and A5. As per Ext.A6 order in Tr.P.(C). 151/2016 A.S.192/2015 earlier pending before 2^nd Additional District Court, was transferred to 1^st Additional District Court, Mavelikkara. Though A.S.271/2015 is a different suit, since it is between the same parties, the same will have to be heard by the same judge, hence this petition.

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Heard Sri.K.Sasikumar, counsel appearing for the

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petitioner.

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Though notice was served on the respondents 1 and 2, none appeared. Notice sent to 5^th respondent has been returned with endorsement 'unclaimed' and this court dispensed with notice to him considering the nature of relief claimed.

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It is alleged in the petition that A.S.271/2015 was filed by the plaintiff in O.S.454/2012 of Munsiff Court, Kayamkulam and now that is pending before the Additional District Court-II, Mavelikkara. There were two other suits between the same parties in respect of the same property as O.S.Nos.65/2010 and 359/2012 and both these cases were filed before the Munsiff Court, Kayamkulam and both these

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Tr.P.(C) No.517 of 2016

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cases were tried jointly and disposed of by a common judgment and A.S.Nos.50/2015 and 192/2015 were filed against those cases and they were pending before the First Additional District Court and 2^nd Additional District Court respectively and as per order in Tr.P.(C). No.151/2016, A.S.192/2015 was transferred from 2^nd Additional District Court, to Additional District Court-I, Mavelikkara. Though this case was not disposed jointly with those cases, considering the circumstances mentioned in the petition, this court feels that this also can be heard by the same judge, though the cases cannot be disposed by a common judgment.

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So considering the circumstances, this court feels that it is necessary in the interest of justice to transfer A.S.271/2015 pending before 2^nd Additional District Court, Mavelikkara to First Additional District Court, Mavelikkara for disposal. So the application is allowed and A.S.271/2015 pending before the 2^nd Additional District Court, Mavelikkara is withdrawn and transferred to 1^st Additional District Court, Mavelikkara for disposal. 2^nd Additional District Judge is directed to transmit the records to 1^st Additional District Court, Mavelikkara immediately.

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Registry is directed to communicate this order to both the courts immediately.

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(K. Ramakrishnan, Judge)

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Bala Subramanyam v. Babu Sreedhar

Case brief

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Bala Subramanyam v. Babu Sreedhar

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