Allowed

Jollychen P. Joseph v. Sunny George

Kerala HC11 Jun 2018OP(C)/514/2018

Case brief

AI extract

What is this about?

Petitioner sought transfer of a recovery suit from a subordinate court to the Sub Court where another suit against him was already being tried, arguing identical defences. Court granted transfer to ensure justice despite ongoing trial in destination court.

What did the court decide?

O.S.No.306/2015 transferred to Principal Sub Court, Kottayam to be tried simultaneously with O.S.No.21/2017.

Jollychen P. Joseph Vs Sunny George — Civil Procedure and Limitation | Kerala HC (2018)

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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 SATHISH NINAN

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MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940

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OP(C).No. 514 of 2018

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OP (TRANSFER) NO.135/2017 OF DISTRICT COURT,KOTTAYAM OS.NO.306/2015 OF MUNSIFF MAGISTRATE COURT, ERATTUPETTA

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PETITIONER/PETITIONER:

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JOLLYCHEN P. JOSEPH, S/O JOSEPH, AGED 48 YEARS, PULIMOOTTIL HOUSE, THALAPPALAM KARA, ERATTUPETTA VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.

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BY ADVS.SRI.BABY THOMAS SRI.LATHEESH SEBASTIAN

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RESPONDENT/RESPONDENT :

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SUNNY GEORGE, S/O GEORGE, CHOLLANICKAL HOUSE, KADANADU KARA, KADANADU VILLAGE, MEENCHIL TALUK, KOTTAYAM DISTRICT-686 653.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11-06-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts 13/6/2018

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OP(C).No. 514 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE PLAINT IN O.S NO.306/2015 OF MUNSIFF COURT, ERATTUPETTA.
EXHIBIT P2	TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN EXT.P1 SUIT.
EXHIBIT P3	TRUE COPY OF THE PLAINT IN O.S NO.69/2015 OF SUB COURT, PALA.
EXHIBIT P4	TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN EXT.P3 SUIT.
EXHIBIT P5	TRUE COPY OF THE PETITION IN O.P (TRANSFER) NO.135/2017 ON THE FILE OF THE DISTRICT COURT, KOTTAYAM.
EXHIBIT P6	TRUE COPY OF THE ORDER DATED 23.01.2018 IN O.P(TRANSFER) NO.135/2017 OF DISTRICT COURT, KOTTAYAM.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

13/6/2018

SATHISH NINAN, J.

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..........................

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O.P.(C) No. 514 of 2018

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.................................

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Dated this the 11^th day of June, 2018

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JUDGMENT

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The petitioner is the defendant in two suits, namely, in O.S.No.306 of 2015 on the files of the Munsiff Court, Erattupetta and in O.S.No.21 of 2017 on the files of the Principal Sub Court, Kottayam. Both the suits are for recovery of money, filed by the very same plaintiff. The petitioner seeks for transfer of O.S.No.306/2015 from the Munsiff Court, Erattupetta to the Principal Sub Court, Kottayam. The contention of the petitioner is that the defence in both the suits are one and the same and therefore, it is only in the interests of justice that both the matters be tried by the same court. The request for transfer was dismissed by the District Court and hence this Original Petition.

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Notice to the respondent was served on the

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counsel appearing in the court below. There is no appearance.

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O.P.(C) No. 514 of 2018

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In O.S.21/2017 of the Principal Sub Court,

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Kottayam, trial has already commenced and few witnesses have been examined. The District court dismissed the transfer petition mainly for the reason that evidence in O.S.No.21/2017 has already commenced. I am of the opinion that it need not be a ground to deny the request of the transfer. Considering the facts and circumstances, I am of the opinion that the transfer as sought for could be granted, though not a joint trial.

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O.S.No.306/2015 on the files of the Munsiff

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Court, Erattupetta will stand withdrawn and transferred to the Principal Sub Court, Kottayam. The Principal Sub Court, Kottayam shall try and dispose of the suits simultaneously.

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The Original Petition (Civil) is allowed as

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above.

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Sd/- SATHISH NINAN, JUDGE

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AMV/11/06/2018

Jollychen P. Joseph v. Sunny George

Case brief

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What did the court decide?

Jollychen P. Joseph v. Sunny George

Case brief

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