Allowed

P.P.Krishnan v. Vasanthi.P.P.

Kerala HC3 Feb 2020OP(C)/189/2020

Case brief

AI extract

What is this about?

The High Court of Kerala, in PIL No. 189 of 2020, modified an order transferring a suit from Munsiffs Court Payyannur to Munsiffs Court Kannur. It held that since the petitioner is a senior lawyer in the Payyannur Bar, the suit should be transferred to Munsiffs Court Taliparamba for the trial.

What did the court decide?

Impugned order modified; O.S. No. 142/2019 transferred to Munsiffs Court, Taliparamba.

P.P.Krishnan Vs Vasanthi.P.P. — Civil Procedure and Limitation | Kerala HC (2020)

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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 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941

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OP(C).No.189 OF 2020

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OP 313/2019 OF DISTRICT COURT & SESSIONS COURT,THALASSERY

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PETITIONER/S:

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P.P.KRISHNAN AGED 70 YEARS S/O.KANNAN RAVI VARMAN @ RAMACHARI, THALAKKODATH ROAD, CHERUTHAZHAM AMSOM DESOM, KANNUR DISTRICT, PIN-670 501.

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BY ADV. SRI.V.N.RAMESAN NAMBISAN

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RESPONDENT/S:

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VASANTHI.P.P. AGED 53 YEARS D/O.KANNAN RAVI VARMAN @ RAMACHARI, HOUSE NO.638, AISARYA, NEW EXTENSION, KADUKODI, BEHIND SREE SATHYASAI BABA ASHRAM, P.O.KADUKODI, BANGALORE-560 067.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Case No. OP() 189/2020

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JUDGMENT

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OS 142/2019 on the files of the Munsiffs Court Payyannur was, as per the impugned order, directed to be transferred to the Munsiffs Court, Kannur. The transfer was at the instance of the respondent herein. The grievance of the respondent herein, as raised in the original petition for transfer before the learned District Judge is that, the petitioner herein is a senior lawyer practicing in the Payyannur Bar. 2. Though the learned District Judge found that the ground as stated by the respondent herein is not sufficient enough to grant transfer as sought for, ultimately directed transfer of the suit to the Munsiffs Court, Kannur.

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Notice on the Original Petition, though served on the counsel appearing for the respondents

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Case No. OP() 189/2020

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-3-

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before the court below, there is no appearance.

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After hearing the learned counsel for the petitioner, I am of the opinion that since the petitioner being a senior lawyer of the Payyannur Bar, it would only be in his interest also that the suit be tried by another Court. The suit could be transferred to the Munsiffs Court, Taliparamba, which would settle at rest the present controversy.

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In the result, this Original Petition stands allowed. The order impugned will stand modified, directing that O.S.No.142/2019 pending on the files of the Munsiffs Court, Payyannur will stand withdrawn and transferred to the Munsiffs Court, Taliparamba.

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Sd/-

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SATISH NINAN, JUDGE .

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STK/

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Case No. OP() 189/2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE TRANSFER PETITION NO.313 OF 2019 DATRED 26.09.2019. EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 12.11.2019 FILED BY THE PETITIONER/RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 18.12.2019 ON THE FILE OF THE DISTRICT JUDGE, THALASSERY IN OP NO.313 OF 2019.

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RESPONDENT'S/S EXHIBITS: NIL

P.P.Krishnan v. Vasanthi.P.P.

Case brief

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P.P.Krishnan v. Vasanthi.P.P.

Case brief

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