Mariyamma v. K.V George
Case brief
What is this about?
This Transfer Petition sought transfer of an Original Summons to the Sub Court for joint trial. The Court allowed the petitioner to withdraw the petition with liberty to approach the District Court under Section 24 CPC for the required remedy.
What did the court decide?
Permission granted to withdraw the Transfer Petition with liberty to move the District Court under Section 24 CPC.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938
Tr.P(C).No. 533 of 2016 ()
TO TRANSFER OS. NO.395/2004 OF MUNSIFF COURT, PERUMBAVOOR TO SUB COURT, PERUMBAVOOR AND TO TRY THE SAME ALONG WITH OS. NO.31/2015.
PETITIONER(S):
1. MARIYAMMA, AGED 80, W/O. PAULOSE, THADIKKULANGARA HOUSE, KURUPPAMPADY, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER PRAKASH, AGED 58, S/O. PAULOSE, THADIKKULANGARA HOUSE, KURUPPAMPADY, RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.
2. PRAKASH, AGED 58, S/O. PAULOSE, THADIKKULANGARA HOUSE, KURUPPAMPADY, RAYAMANGALAM VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT.
BY ADV. SRI.R.BINDU (SASTHAMANGALAM).
Issues for consideration
2 issues framed by the court
Whether the petition can be transferred to the Sub Court for joint trial of the Original Summons Nos. 395/2004 and 31/2015.
Whether the petitioner should move the District Court under Section 24 CPC instead of this Court for the remedy sought.
Parties & counsel
- petitioner
Mariyamma
- petitioner
Prakash
- respondent
K.V. George
- respondent
Nileena
- respondent
Chinnamma
- respondent
Case details
As recorded by the court registry
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