Dismissed

Jasna , v. Muhammed Shafi

Kerala HC16 Sept 2022Tr.P(C)/792/2021

Case brief

AI extract

What is this about?

The High Court recalled and dismissed an order transferring O.P. No. 605/2021 from Family Court, Kollam, due to a mistake in the petition identifying an unnumbered case. The petitioner was directed to file a fresh petition once the case is numbered.

What did the court decide?

Recall of order dated 17.06.2022 allowing transfer; dismissal of transfer petition without prejudice to right to move again.

Jasna , Vs Muhammed Shafi — 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 C.S.DIAS

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FRIDAY, THE 16TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944

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TR.P(C) NO. 792 OF 2021

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OP 605/2021 OF FAMILY COURT,KOLLAM

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PETITIONER:

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JASNA,

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AGED 35 YEARS

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D/O. ABDUL BUHARI, JASNA MANZIL, MANGONAM DESOM,
MADAVOOR VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM DISTRICT.

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BY ADV LATHEESH SEBASTIAN

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RESPONDENTS:

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1 MUHAMMED SHAFI,

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AGED 40 YEARS

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S/O. ASSANARU KUNJU, SHAFI MANZIL, MYLAKKAD, MYLAKKAD
P.O, ADICHANALLOOR VILLAGE, KOLLAM TALUK,
KOLLAM DISTRICT-691 573

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2 MUMTHAS,

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AGED 42 YEARS

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W/O. ABDUL JAMEEL, VAZHAVILA VEEDU, MYLAKKAD, MYLAKKAD
P.O, ADICHANALLOOR VILLAGE, KOLLAM TALUK, KOLLAM
DISTRICT -691 573

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3 SPECIAL TAHSILDAR, OFFICE OF LAND ACQUISITION, NATIONAL HIGHWAY, VADAKKEVILA, KOLLAM 691021.

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4 DISTRICT COLLECTOR , COLLECTORATE, CIVIL STATION, KOLLAM 691 021.

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5 KERALA STATE, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

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Tr.P (C) NO. 792 OF 2021 2

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6NATIONAL HIGHWAY AUTHORITY OF INDIA,
G 5& 6, SECTOR 10, DWARAKA, NEW DELHI 110 075.

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BY ADVS.
T.R.RAJAN
E.C.KURIAKOSE
LEJO JOSEPH GEORGE

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 16.09.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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Tr.P (C) NO. 792 OF 2021 3

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Dated this the 16^th day of September, 2022 ORDER

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This Court by order dated 17.06.2022, had allowed the transfer petition and ordered the transfer of O.P. No.605/2021 from the Family Court, Kollam to the Family Court, Attingal. The Registry was directed to communicate the order to the Family Court, Kollam.

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On receipt of the order by the Family Court, Kollam, the learned Judge of the Family Court, by communication dated 12.07.2022, has informed this Court that O.P.No.605/2021 is filed by one Shiji Rahman, not the first respondent as alleged in the transfer petition. It is further stated that the case filed by the first respondent is not numbered. Therefore, a clarification may be issued as to whether O.P. No.605/2021 is to be transferred.

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Immediately on receipt of the above communication, this Court had stayed the order in the transfer petition and re-posted the transfer petition as ‘to be spoken to.’

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Today, when the case was taken up for consideration, the learned counsel appearing for the petitioner submitted

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Tr.P (C) NO. 792 OF 2021 4

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that the case filed by the first respondent is still not numbered and the number given as O.P. No.605/2021 is a mistake committed by the petitioner. The petitioner would move this Court immediately after the case filed by the first respondent is numbered by the Family Court.

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In the above factual background, the order dated 17.06.2022 passed in the above transfer petition is recalled and the transfer petition is dismissed, without prejudice to the right of the petitioner to move this Court again, if the original petition filed by the first respondent is numbered by the Family Court, Kollam. The Registry is directed to communicate this order to the Family Court, Kollam, with specific instructions not to transfer O.P.No.605/2021 as ordered by this Court on 17.06.2022.

Sd/-

C.S.DIAS, JUDGE

rmm16/09/2022

Tr.P (C) NO. 792 OF 2021 5

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APPENDIX OF TR.P(C) 792/2021

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PETITIONER ANNEXURES

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Annexure A1TRUE COPY OF THE PETITION IN O.P. NO.
894/2016 FILED BEFORE THE FAMILY COURT,
ATTINGAL.
Annexure A2TRUE COPY OF THE PETITION IN OP (MMA),
261/2016 FILED BEFORE THE FAMILY COURT,
ATTINGAL.
Annexure A3TRUE COPY OF THE PETITION IN OP. NO.
605/2021 FILED BEFORE THE FAMILY COURT,
KOLLAM.

Jasna , v. Muhammed Shafi

Case brief

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What did the court decide?

Jasna , v. Muhammed Shafi

Case brief

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