Dismissed

Baiju Varghese v. Sivan Pillai

Kerala HC23 May 2022Tr.P(C)/138/2021

Case brief

AI extract

What is this about?

The High Court at Ernakulam dismissed a Transfer Petition filed under Section 24 of the Code of Civil Procedure. It held that since the underlying suits involved entirely different matters and evidence with no common issue, their separate trials and judgments justified opposite disposal, rendering the prayer for joint disposal meritless.

What did the court decide?

The Transfer Petition (Civil) No. 138 of 2021 was dismissed.

Baiju Varghese Vs Sivan Pillai — Civil Procedure and Limitation | Kerala HC (2022)

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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 A. BADHARUDEEN

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MONDAY, THE 23RD DAY OF MAY 2022 / 2ND JYAISHTA, 1944
TR.P(C) NO. 138 OF 2021

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AGAINST THE ORDER/JUDGMENT IN AS 64/2020 OF ADDITIONAL DISTRICT & SESSIONS COURT,MOOVATTUPUZHA

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PETITIONER/APPELLANT :

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BAIJU VARGHESE
AGED 37 YEARS
S/O. C. T. VARGHESE,
CHINTHARMONIYIL HOUSE,
KARUKADOM P. O.,
KOTHAMANGALAM VILLAGE AND TALUK,
PIN - 686 691.
BY ADVS.
S.V.BALAKRISHNA IYER (SR.)
SRI.P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.MANU VYASAN PETER

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RESPONDENT/RESPONDENT :

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SIVAN PILLAI
AGED 77 YEARS
S/O. KUNJU NAIR,
RESIDING AT VENGALATHU MADAM,
MATHIRAPPILLY KARA,
KOTHAMANGALAM VILLAGE AND TALUK, PIN - 686 691.
BY ADVS.
SRI.S.VINOD BHAT
KUM.ANAGHA LAKSHMY RAMAN
SMT.GREESHMA CHANDRIKA.R

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 138 OF 2021

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O R D E R

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Dated this the 23^rd day of May, 2022

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This Transfer petition has been filed under Section 24 of the Code of Civil Procedure.

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In this case, the petitioner seeks transfer of A.S.No.64/2020 pending before the Additional District Court, Muvattupuzha to this Court for disposal along with RFA No.142/2020 pending before this Court.

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Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondent.

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The learned counsel for the petitioner pressed for transfer as sought for.

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However, the learned counsel for the respondent submitted that RFA No.142/2020 pending before this Court is against the decree and judgment in O.S.No.13/2015 and the respondent is not a party in the said Suit. She submitted further that as far as A.S.No.64/2020 is concerned, the same is pertaining to the decree and

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TR.P(C) NO. 138 OF 2021

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judgment in O.S.No.15/2015 between the petitioner and the respondent. It is submitted by learned counsel for the respondent that the trial court refused to allow the joint trial sought for in the above Suits and both Suits were separately tried and separate judgments and decree were passed. In view of this matter, the learned counsel for the respondent opposed the transfer.

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It is relevant to note that if the Suits are having any common issue to be decided between the respondent and the other parties, the petitioner herein ought to have succeeded in getting joint trial of these matters. Despite having failed in effecting joint trial of these Suits and after having conceded, separate trial of these two Suits which ended in passing decree and judgment separately, now, the petitioner wants to transfer A.S.No.64/2020 pending on the files of the Additional Munsiff Court, Muvattupuzha to this Court for joint disposal of both these appeals together. In fact, the matter in issue and the evidence recorded in both Suits are entirely different and therefore, there is no need

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TR.P(C) NO. 138 OF 2021

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for joint disposal of both these appeals together and as such, the prayer now canvassed is found to be meritless and accordingly, this Original Petition is dismissed.

Sd/-

A. BADHARUDEEN

JUDGE

nkr

TR.P(C) NO. 138 OF 2021

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APPENDIX OF TR.P(C) 138/2021

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PETITIONER ANNEXURES

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ANNEXURE A DATED 24.03.2015, TRUE COPY OF THE
PLAINT IN O.S.NO.15 OF 2015, ON THE
FILE OF THE SUBORDINATE JUDGE'S
COURT, MUVATTUPUZHA.
ANNEXURE B DATED 22.03.2016, TRUE COPY OF THE
WRITTEN STATEMENT IN O.S.NO.15 OF
2015, ON THE FILE OF THE SUBORDINATE
JUDGE'S COURT, MUVATTUPUZHA.
ANNEXURE C DATED 21.03.2015, TRUE COPY OF THE
PLAINT IN O.S.NO.13 OF 2015,OF THE
SUBORDINATE JUDGE'S COURT,
MUVATTUPUZHA.
ANNEXURE D DATED 22.03.2016, TRUE COPY OF THE
WRITTEN STATEMENT IN O.S.NO.13 OF
2015, OF THE SUBORDINATE JUDGE'S
COURT, MUVATTUPUZHA.
ANNEXURE E DATED 21.12.2019, TRUE COPY OF THE
JUDGMENT IN O.S.NO.13 OF 2015, ON THE
FILE OF THE SUBORDINATE JUDGE'S
COURT, MUVATTUPUZHA.
ANNEXURE F DATED 29.02.2020, TRUE COPY OF THE
JUDGMENT IN O.S.NO.15 OF 2015, ON THE
FILE OF THE SUBORDINATE JUDGE'S
COURT, MUVATTUPUZHA.
ANNEXURE GDATED 29.06.2020, TRUE COPY OF
A.S.NO.64 OF 2020 ON THE FILE OF THE
ADDL.DISTRICT COURT, MUVATTUPUZHA.

Baiju Varghese v. Sivan Pillai

Case brief

What is this about?

What did the court decide?

Baiju Varghese v. Sivan Pillai

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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