Allowed

Anoop Koshy v. Rose Joseph

Kerala HC15 Jul 2016Tr.P(C)/562/2015

Case brief

AI extract

What is this about?

This court allowed a transfer petition moving an original petition regarding recovery of money and gold from Family Court, Pala, to Family Court, Thiruvalla. The petitioner sought a joint trial with another matter pending in Thiruvalla due to common facts and evidence to avoid conflicting decisions.

What did the court decide?

O.P. No. 367/2015 on the files of the Family Court, Pala is transferred to the Family Court, Thiruvalla.

Anoop Koshy Vs Rose Joseph — 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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FRIDAY, THE 15TH DAY OF JULY 2016/24TH ASHADHA, 1938

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Tr.P(C).No. 562 of 2015 ()

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TO TRANSFER OP 367/2015 OF FAMILY COURT, PALA TO FAMILY COURT, THIRUVALLA.

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PETITIONER/RESPONDENT:

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ANOOP KOSHY,S/O.V.C.KOSHY, VIZHALAYIL HOUSE, CHENGANNUR - 689 511.

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BY ADV. SRI.IYPE JOSEPH

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RESPONDENT/PETITIONER:

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ROSE JOSEPH, D/O.JOSEPH, THUDIYAM PLAKKAL, KARIKATOOR PO, MANIMALA, RANNI.

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THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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Tr.P(C).No. 562 of 2015 ()

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APPENDIX

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PETITIONERS’ ANNEXURES:

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ANNEXURE A1 : TRUE COPY OF THE O.P.NO.367/2015 DATED 11.9.2015 OF FAMILY COURT, PALA FILED BY THE RESPONDENT.

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ANNEXURE A2 : TRUE COPY OF THE O.P.NO.679/2014 FILED BY THE PETITIONER BEFORE THE HON’BLE FAMILY COURT, MAVELIKKARA (TRANSFERRED TO FAMILY COURT, THIRUVALLA AND RE-NUMBERED AS O.P.NO.479/2014).

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ANNEXURE A3 : TRUE COPY OF THE ORDER IN TR.P(C)NO.394/2014 DATED 9.10.2014 OF THIS HON’BLE COURT.

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RESPONDENTS' ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

K.HARILAL, J.

Tr.P.C. No.562 of 2015

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Dated this the 15^th day of July, 2016

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The petitioner herein is the husband of the respondent. Their relationship has become strained and culminated in legal proceedings. The respondent filed O.P.No.367/2015 for recovery of money and gold ornaments against the petitioner before the Family Court, Pala. The petitioner herein had filed O.P.No.679/2014 before the Family Court, Mavelikkara for dissolution of marriage. Thereafter, the respondent approached this Court by filing Tr.P(C) No.394/2014 for transferring the said O.P. to the Family Court, Pala from the Family Court, Mavelikkara and this Court, after hearing both parties and considering the distance between the respondent's place of residence and the Family Court, Pala and the

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Tr.P(C).562/15 :2:

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distance between the respondent's place of residence and the Family Court, Thiruvalla, passed Annexure-A3 order transferring O.P.No.679/2014 from the Family Court, Mavelikkara to the Family Court, Thiruvalla and the same is re-numbered as O.P.No.479/2014 and pending for trial. But, O.P.No.367/2015 filed by the petitioner is still pending before the Family Court, Pala for trial. The petitioner further submits that the facts and evidence in O.P.No.367/2015 of the Family Court Pala and O.P.No.479/2014 of the Family Court, Thiruvalla are one and the same and the matters in issue involved in both the original petitions are common. So, a joint trial is inevitable to avoid conflicting decisions. Hence the petitioner prayed for an order transferring O.P.No.367/2015 of the Family

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Court, Pala to the Family Court, Thiruvalla.

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Heard both sides.

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Having regard to the fact that joint trial is

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Tr.P(C).562/15 :3:

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inevitable for the proper and effective disposal of the common matter in issue involved in the aforesaid original petitions, this Court is inclined to allow the Transfer Petition as prayed for.

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Consequently, O.P.No.367/2015 on the files of the Family Court, Pala will stand transfered to the Family Court, Thiruvalla. The Family Court, Thiruvalla shall issue notice intimating the date of appearance to both parties.

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This Transfer Petition will stand allowed.

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Sd/-

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K.HARILAL, Judge.

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okb/-

Anoop Koshy v. Rose Joseph

Case brief

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Anoop Koshy v. Rose Joseph

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