Dismissed

Karikkakom Sreechamundikshethram Trust v. Padmakumariamma

Kerala HC5 Jul 2022Tr.P(C)/101/2021

Case brief

AI extract

What is this about?

Transfer petitions were filed to consolidate four suits arising from temple property disputes into a single court. The court analyzed factors like parties involved, reliefs sought, and stages of proceedings. It held that due to different parties, distinct causes of action, and varying stages, consolidation was not feasible. The petitions were dismissed.

What did the court decide?

The transfer petitions were dismissed without exercising the discretionary power to consolidate the suits.

Karikkakom Sreechamundikshethram Trust Vs Padmakumariamma — Property and Title | Kerala HC (2022)

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TR.P(C) NOS.69 & 101 OF 2021

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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 C.S.DIAS

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TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944

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TR.P(C) NO. 69 OF 2021

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IN OS 85/2010 OF I ADDITIONAL MUNSIFF COURT, TRIVANDRUM

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PETITIONER:

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KARIKKAKOM SREE CHAMUNDI KSHETHRAM TRUST
KARIKKAKOM, KARIKKAKOM P.O., TRIVANDRUM-695 021,
REPRESENTED BY THE SECRETARY ASHOK KUMAR, AGED 36
YEARS, S/O. VENUGOPALAN NAIR, KARIKKAKOM P.O.

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BY ADVS.
M.R.SUDHEENDRAN
SRI.S.I.SHAH

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RESPONDENTS:

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1SRI. JYOTHISH KUMAR (MINOR)
REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN S. ANIL
KUMAR, AGED 37 YEARS, S/O. SHANMUGHAN, RESIDING AT JINI
BHAVAN, T.C. 79/806, KADAKAMPALLY VILLAGE, KARIKKAKOM
MURI BEACH P.O., TRIVANDRUM - 695 029.

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2S. ANIL KUMAR
S/O. SANKARAN KUTTY NAIR, SRUTHY SAUDHOM, KARIKKAKAKOM
BEACH P.O., THIRUVANANTHAPURAM - 695
007.

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3 SRI. MURALEEDHARAN NAIR S/O. THANKAPPAN NAIR, MURALI NIVAS, KARIKKAKAKOM BEACH P.O., THIRUVANANTHAPURAM - 695 007.

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BY ADVS.

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SRI.P.R.VENKATESH
SRI.G.KEERTHIVAS

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.07.2022, ALONG WITH Tr.P(C).101/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:

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TR.P(C) NOS.69 & 101 OF 2021

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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 C.S.DIAS

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TUESDAY, THE 5TH DAY OF JULY 2022 / 14TH ASHADHA, 1944
TR.P(C) NO. 101 OF 2021

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IN OS 216/2010 OF I ADDITIONAL MUNSIFF COURT ,TRIVANDRUM PETITIONER:

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KARIKKAKOM SREECHAMUNDIKSHETHRAM TRUST
REPRESENTED BY THE SECRETARY ASHOK KUMAR, AGED 36
YEARS, S/O. VENUGOPALAN NAIR, KARIKKAKOM P.O,
TRIVANDRUM 695 021

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BY ADVS.
M.R.SUDHEENDRAN
SRI.S.I.SHAH

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RESPONDENTS:

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1 PADMAKUMARIAMMA, AGED 75 YEARS D/O. RUDRANI AMMA, KOLLAM VILAKATHU VEEDU, KAREKKAKOM BEACH P.O, TRIVANDRUM 695 007

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2 P. R UDAYAKUMARI,AGED 48 YEARS D/O. RUDRANI AMMA, KOLLAM VILAKATHU VEEDU, KAREKKAKOM BEACH P.O, TRIVANDRUM 695 007

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3 P R UMAKUMARI,AGED 47 YEARS D/O. RUDRANI AMMA, KOLLAM VILAKATHU VEEDU, KAREKKAKOM BEACH P.O, TRIVANDRUM 695 007

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4 P R USHADEVI,AGED 46 YEARS D/O. RUDRANI AMMA, KOLLAM VILAKATHU VEEDU, KAREKKAKOM BEACH P.O, TRIVANDRUM 695 007

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5 P R URMILADEVI, D/O. RUDRANI AMMA, KOLLAM VILAKATHU VEEDU, KAREKKAKOM BEACH P.O, TRIVANDRUM 695 007

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6 JYOTHISH KUMAR, (MINOR) REPRESETN BY HIS FATHER AND NATURAL GUARDIAN S. ANIL KUMAR, AGED 37 YEARS, S/O

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TR.P(C) NOS.69 & 101 OF 2021

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SHANMUGHAN, RESIDING AT JINI BHAVAN, TC 79/806,
KARIKAKOM BEACH P.O, TRIVANDRUM 695 029

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7 S. ANIL KUMAR, S/O. SHANMUGHAN, SRUTHY SAUDHOM, KARIKKAKAKOM BEACH P.O, THIRUVANANTHAPURAM 695 007

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.07.2022, ALONG WITH Tr.P(C).69/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NOS.69 & 101 OF 2021

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Dated this the 5^th day of July, 2022

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COMMON ORDER

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As these transfer petitions are filed by the same petitioner, they have been disposed of by this common order.

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The Tr.P.(C)No.69/2021 is filed under Section 24 of the Code of Civil Procedure, seeking to withdraw O.S. No.85/2010 from the Court of the Ist Additional Munsiff, Thiruvananthapuram and transfer the same to the Court of the II Additional Subordinate Judge, Thiruvananthapuram. Tr.P.(C)No.101/2021 is filed to transfer O.S. No.216/2010 from the Court of the Ist Additional Munsiff, Thiruvananthapuram to the IInd Additional Subordinate Judge, Thiruvananthapuram. The common case of the petitioner in both the transfer petitions is that, the petitioner is a Trust owning and managing the Karikkakom Sree Chamundi Devi Temple. There are four suits between the petitioner and the respondents in the two transfer petitions, i.e., O.S. No.216/2010 before the Court of the Additional Munsiff-I, Thiruvananthapuram, (ii)O.S. No.1381/1995 before the Court of the Principal Subordinate Judge, Thiruvananthapuram, (iii)O.S. No.142/2020 before the Court of the IInd Additional

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TR.P(C) NOS.69 & 101 OF 2021

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Subordinate Judge, Thiruvananthapuram and (iv)O.S. No.85/2010 before the Court of the Ist Additional Munsiff, Thiruvananthapuram. In the year 1082 ME, the Karanavar of the family had bequeathed 3 acres and 56 cents of land in survey No.2060/1 of Kadakampally Village, Thiruvananthapuram in favour of Goddess Chamundi as Thripadidanam. In the year 1980, some of the family members and the chairman of the temple have misappropriated a certain extent of property. Later, these facts came to the notice of the petitioner, who has filed O.S. No.216/2010 before the Court of the Munsiff, Thiruvananthapuram, to declare that a sale deed is null and void. The suit is posted to 10.11.2022 for pre-trial steps. The 10^th respondent has now filed O.S. No.142/2020 before the Court of the IInd Additional Subordinate Judge, Thiruvananthapuram to declare that the entire premises belongs to the deity. Another suit i.e, O.S. No.85/2010 has been filed by the 8^th respondent before the Court of the Ist Additional Munsiff, Thiruvananthapuram, to pass a decree of permanent prohibitory injunction. Likewise, earlier, O.S. No.1381/1995 was filed by the 7^th respondent before the

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TR.P(C) NOS.69 & 101 OF 2021

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Court of the Principal Subordinate Judge,

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Thiruvananthapuram, seeking a decree of partition. In that suit, a preliminary decree has been passed and the matter is pending consideration before the Honourable Supreme Court. Since the dispute in all the four suits principally pertain to the legality of the partition and sale deed, the causes of action for all the suits are one and the same. Hence, to avoid conflict of decisions, the four suits may be consolidated and jointly tried before the same court, which would save precious judicial time. Hence,the transfer petitions.

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Pursuant to the orders passed by this Court, the Ist Additional Munsiff, Thiruvananthapuram by communication dated 08.02.2021, has informed this Court that O.S. No.85/2010 is listed for trial. Likewise, the Court of the Additional Subordinate Judge-II, Thiruvananthapuram by communication dated 08.02.2021, has informed this Court that O.S. No.142/2020 is posted for Advocate Commissioner’s report and an order of temporary injunction is passed. Similarly, the Court of the Principal Subordinate Judge, Thiruvananthapuram, by communication dated 08.02.2021, has informed this Court that the Honourable Supreme Court,

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TR.P(C) NOS.69 & 101 OF 2021

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by order in SLP(C) No.23120/2017, has stayed the judgment and decree passed by this Court in AS No.682/1999, which arises out of O.S. No.1381/1995.

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Heard; Sri. M.R. Sudheendran, the learned counsel appearing for the petitioner and Sri.P.R.Venkatesh, the learned counsel appearing for the respondents.

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5.The point that arises for consideration in these transfer petitions is whether O.S. Nos.85/2010 and O.S. No.216/2010 of the Court of the Ist Additional Munsiff, Thiruvananthapuram have to be transferred to the Court of the IInd Additional Subordinate Judge, Thiruvananthapuram to be tried along with O.S. No.1381/1995 and O.S. No.142/2020.

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Going by the pleadings on record, it is evident that O.S. No.216/2010 is filed to declare sale deed No.3583/2009 is null and void. Similarly, O.S. No.85/2010 is filed to pass a decree of permanent prohibitory injunction. On the other hand, O.S. No.1381/1995 was filed for partition and a preliminary decree has already been passed and the matter is now pending consideration before the Honourable Supreme

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TR.P(C) NOS.69 & 101 OF 2021

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Court. Later, O.S. No.142/2020 is filed to declare that the entire properties belong to the deity.

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7.Section 24 of the Code of Civil Procedure confers the general power of transfer and withdrawal on this Court, to transfer any suit, appeal or other proceeding pending before it or any other court, for trial and disposal, to any court subordinate to it.

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In the instant cases, two suits are pending before the

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Court of the Munsiff, Thiruvananthapuram from 2010 onwards. The parties in the two suits are different, the reliefs sought for are distinct and the causes of action are separate and independent. Similarly, in O.S. No.1381/1995, a suit for partition, a preliminary decree has been passed and the matter is now pending consideration before the Honourable Supreme Court. Likewise, O.S. No.142/2020 is filed on an entirely different cause of action in the year 2020.

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The above facts prove beyond any semblance of doubt that, except for the petitioner, all the parties are different, causes of actions are separate and the two suits are a decade older from the last suit. Furthermore, the trial in O.S. No.1381/1995 was completed long back and the matter

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TR.P(C) NOS.69 & 101 OF 2021

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is pending before the Honourable Supreme Court. O.S. Nos.216/2010 and 85/2010 are ripe for trial. On the contrary, O.S. No.142/2020 is at the infancy stage. Therefore, the suits cannot be consolidated. At the most, the petitioner can seek for consolidation of O.S. Nos.216/2010 and 85/2010 pending before the same court. If the transfer petitions are now allowed, it would only delay the determination of O.S. Nos.216/2010 and 85/2010 which are pending for the last 12 years. I do not find any ground to exercise the discretionary powers of this Court under Section 24 of the Code of Civil Procedure and order the transfer of the suits as prayed for in the transfer petitions. The transfer petitions are devoid of any merits and are hence dismissed.

Sd/-

C.S.DIAS, JUDGE

rmm05/07/2022

TR.P(C) NOS.69 & 101 OF 2021

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APPENDIX OF TR.P(C) 69/2021

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PETITIONER ANNEXURES

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ANNEXURE A1TRUE COPY OF THE OS 142/2020 ON THE FILE
OF 11 ADDL SUB COURT, TRIVANDRUM
ANNEXURE A2TRUE COPY OF THE OS 85/2020 ON THE FILE
OF ADDL MUNSIFF COURT-1 TRIVANDRUM

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TR.P(C) NOS.69 & 101 OF 2021

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APPENDIX OF TR.P(C) 101/2021

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PETITIONER ANNEXURES

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ANNEXURE A-1TRUE COPY OF THE OS NO. 216/2010 ON THE
FILE OF ADDL. MUNSIFF COURT-1, TRIVANDRUM
ANNEXURE A-2TRUE COPY OF THE OS 142/2020 OF II
ADDITIONAL SUB COURT, TRIVANDRUM

Karikkakom Sreechamundikshethram Trust v. Padmakumariamma

Case brief

What is this about?

What did the court decide?

Karikkakom Sreechamundikshethram Trust v. Padmakumariamma

Case brief

What is this about?

What did the court decide?

What the court decided

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