The court declined to consider an application to transfer suits from Munsiff Court, Sulthanbathery to Subordinate Judges Court, Kannur, as the suits on which the transfer request relied were dismissed for default and require restoration first.
Closed; liberty to file a fresh transfer petition when the suits before the Sub Court, Kannur, are restored.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
TR.P(C) NO. 120 OF 2023
TO TRANSFER OS 30/2015 FROM THE MUNSIFF COURT, SULTHANBATHERY TO THE
SUBORDINATE JUDGES COURT, KANNUR
PETITIONERS/PLAINTIFFS:
1 SAUDAMBIKA RAVINDRANAGED 61 YEARS
W/O V.K. RAVINDRAN, RESIDING AT DAMAYANTHI BHAVAN, P.O.
TALAP, KANNUR, PIN - 670002
2VEENA RAVINDRAN
AGED 35 YEARS
D/O V.K. RAVINDRAN, RESIDING AT DAMAYANTHI BHAVAN, P.O.
TALAP, KANNUR, PIN - 670002
BY ADV K.RAJESH SUKUMARAN
RESPONDENTS/DEFENDANTS:
1 V.K. SHALINI, AGED 61 YEARSD/O DAMODHARAN, RESIDING AT CHANDRAKANTHAM, P.O. CHALAD,
KANNUR, PIN - 670014
2 V.K. SHEELA, AGED 57 YEARSD/O DAMODHARAN, RESIDING AT CHANDRAKANTHAM, P.O. CHALAD, KANNUR, PIN - 6700143 V.K. SHEEJA, AGED 57 YEARSD/O DAMODHARAN, RESIDING AT CHANDRAKANTHAM, P.O. CHALAD,
KANNUR-, PIN - 670014
4 V.K. SUNITHA, AGED 54 YEARSD/O DAMODHARAN, RESIDING AT CHANDRAKANTHAM, P.O. CHALAD,
KANNUR, PIN - 670014
BY ADVS.
K.P.SREEKUMAR
P.M.SATHEESH(K/1066/2001)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, ALONG WITH Tr.P(C).124/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2
[Tr.P(C) Nos.120/2023, 124/2023]
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
TR.P(C) NO. 124 OF 2023
TO TRANSFER OS 132/2015 FROM THE MUNSIFF COURT, SULTHANBATHERY TO THE
SUBORDINATE JUDGES COURT, KANNUR
PETITIONERS/DEFENDANTS:
1SAUDAMBIKA RAVINDRAN
AGED 61 YEARS
W/O V.K. RAVINDRAN, RESIDING AT DAMAYANTHI BHAVAN, P.O.
TALAP, KANNUR, PIN - 670002
2VEENA RAVINDRAN
AGED 35 YEARS
D/O V.K. RAVINDRAN, RESIDING AT DAMAYANTHI BHAVAN, P.O.
TALAP, KANNUR-, PIN - 670002
3DHANUSH
AGED 37 YEARS
S/O SIVADASAN, ROCK VALUE HOUSING COLONY, KOLAGAPPARA,
SULTHANBATHERY, WAYANAD, PIN - 673591
BY ADV K.RAJESH SUKUMARAN
RESPONDENT/PLAINTIFF:
SREYAS.B
AGED 33 YEARS
S/O BHARATHAN, RESIDING AT KOKKARI HOUSE, P.O. PONNIAM
EAST, THALASERRY, KANNUR, PIN - 670641
BY ADVS.
K.P.SREEKUMAR
P.M.SATHEESH(K/1066/2001)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.09.2023, ALONG WITH Tr.P(C).120/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
[Tr.P(C) Nos.120/2023, 124/2023]
O R D E R
The petitioner seeks that the suits mentioned
in these cases be transferred from the Munsiff’s
Court,Sulthanbathery, to the Sub Court, Kannur,
because two other suits between the parties are
pending before the latter Court.
2.However, when this matter was called
today, Sri.P.M.Satheesh appearing for the
respondents, submitted that not only the causes
of action and the reliefs sought for in the
suits, sought to be transferred are different
from those pending before the Sub Court, Kannur;
the fact remains that the suits alleged to be
pending before the latter Court, have now been
dismissed for default.
3.If the submissions of Sri.P.M.Satheesh
are accurate, then, obviously, the transfer of
the suits as prayed for by the petitioner cannot
[Tr.P(C) Nos.120/2023, 124/2023]
be considered by this Court, until the other two
suits are restored by the Sub Court, Kannur.
4.In fact, the learned counsel for the
petitioner – Sri.Rajesh Sukumaran, also affirmed
that the two suits before the Sub Court, Kannur,
has suffered dismissal for default; but that his
client has already sought its restoration.
In the afore circumstances, I close this
transfer petition; however, leaving liberty to
the petitioner to file a fresh one, as and when
the suits before the Sub Court, Kannur, are
restored.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
[Tr.P(C) Nos.120/2023, 124/2023]
5
APPENDIX OF TR.P(C) 124/2023
PETITIONERS’ ANNEXURES:
Annexure A 1TRUE COPY OF THE PLAINT IN OS 62/2017 FILED BY
THE PETITIONERS HEREIN AND PENDING BEFORE THE
SUBORDINATE JUDGES COURT, KANNUR.
Annexure2TRUE COPY OF THE PLAINT IN OS 08/2016 FILED BY
THE SISTERS OF LATE RAVINDRAN, SMT. SHALINI,
SHEELA, SHEEJA AND SUNITHA BEFORE THE
SUBORDINATE JUDGES COURT, KANNUR.
Annexure A 3TRUE COPY OF THE PLAINT IN OS 30/2015 PENDING
BEFORE THE MUNSIFF COURT, SULTHANBATHERY.
Annexure4TRUE COPY OF THE PLAINT IN OS 132/2015 FILED
BY THE RESPONDENT HEREIN BEFORE THE MUNSIFF
COURT, SULTHANBATHERY.
6
[Tr.P(C) Nos.120/2023, 124/2023]
APPENDIX OF TR.P(C) 120/2023
PETITIONERS’ ANNEXURES:
Annexure A 1TRUE COPY OF THE PLAINT IN OS 62/2017 FILED BY
THE PETITIONERS HEREIN AND PENDING BEFORE THE
SUBORDINATE JUDGES COURT, KANNUR
Annexure A 2TRUE COPY OF THE PLAINT IN OS 08/2016 FILED BY
THE RESPONDENTS HEREIN BEFORE THE SUBORDINATE
JUDGES COURT, KANNUR
Annexure A 3TRUE COPY OF THE PLAINT IN OS 30/2015 PENDING
BEFORE THE MUNSIFF COURT, SULTHANBATHERY
Annexure A 4TRUE COPY OF THE PLAINT IN OS 132/2015 FILED
BY THE SAID SREYAS BEFORE THE MUNSIFF COURT,
SULTHANBATHERY
1 issue framed by the court
Whether a suit pending before the Munsiff Court can be transferred to the Subordinate Judges Court where other suits between the same parties have been dismissed for default.
SAUDAMBIKA RAVINDRAN
VEENA RAVINDRAN
V.K. SHALINI
V.K. SHEELA
V.K. SHEEJA
V.K. SUNITHA
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court