Allowed

Thomas v. D v Prasanth v S

Kerala HC6 Jun 2024Tr.P(C)/38/2024

Case brief

AI extract

What is this about?

The High Court of Kerala allowed transfer petitions to move seven civil suits for recovery of damages from various Munsiff Courts in Ernakulam District to Munsiff Court, Sulthan Bathery, Wayanad. The court considered the defendant's residence, office, and the location of transactions as reasons to permit the transfer.

What did the court decide?

Suits O.S.Nos. 389/2023, 395/2023, 620/2023, 52/2023, 1228/2023, 320/2023 and 552/2023 withdrawn and transferred to Munsiff Court, Sulthan Bathery for trial.

Thomas v D Vs Prasanth v S — Civil Procedure and Limitation | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 TR.P(C) NO. 37 OF 2024

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OS NO.389 OF 2023 OF MUNSIFF COURT,MUVATTUPUZHA PETITIONER/DEFENDANT:

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THOMAS V D AGED 53 YEARS S/O DEVASIA, KOTTARATHIL HOUSE, ARMAD,KUPPADI P.O,KUPPADI, WAYANAD, PIN - 673592

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BY ADVS.ELDHO.N.MONCY P.PARVATHY

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RESPONDENT/PLAINTIFF:

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PRASANTH V S S/O SASI, VARAKIL HOUSE, MUNDANMUDY P.O, VANNAPPURAM, VANNAPURAM VILLAGE, THODUPUZHA TALUK, THODUPUZHA IDUKKI DISTRICT, PIN – 685018

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SRI. SHIJU VARGHESE

¶10

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).38/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:2:-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 TR.P(C) NO. 38 OF 2024

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IN OS NO.395 OF 2023 OF MUNSIFF COURT, PERUMBAVOOR PETITIONER/DEFENDANT:

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THOMAS V D AGED 53 YEARS S/O DEVASIA, KOTTARATHIL HOUSE, ARMAD,KUPPADI P.O,KUPPADI, WAYANAD, PIN - 673592

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BY ADVS.ELDHO.N.MONCY P.PARVATHY

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RESPONDENT/PLAINTIFF:

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PRASANTH V S

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S/O SASI, VARAKIL HOUSE, MUNDANMUDY P.O, VANNAPPURAM, VANNAPURAM VILLAGE, THODUPUZHA TALUK, THODUPUZHA IDUKKI DISTRICT, PIN – 685018

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SRI. SHIJU VARGHESE

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).37/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:3:-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶27

PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 TR.P(C) NO. 39 OF 2024

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IN OS NO.620 OF 2023 OF MUNSIFF COURT, NORTH PARAVUR PETITIONER/DEFENDANT:

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THOMAS V D AGED 53 YEARS S/O DEVASIA, KOTTARATHIL HOUSE, ARMAD,KUPPADI P.O,KUPPADI, WAYANAD, PIN - 673592

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BY ADVS. ELDHO.N.MONCY P.PARVATHY

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RESPONDENT/PLAINTIFF:

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PRASANTH, AGED 36 YEARS, S/O SASI, VARAKIL HOUSE MUNDANMUDY P.O, VANNAPURAM,VANNAPURAM VILLAGE, THODUPUZHA TALUK, THODUPUZHA, IDUKKI, PIN – 685607

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SRI. SHIJU VARGHESE

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).37/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:4:-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶39

PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946

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TR.P(C) NO. 40 OF 2024

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OS NO.52 OF 2023 OF MUNSIFF COURT, KOLENCHERRRY

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PETITIONER/DEFENDANT:

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THOMAS V D

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AGED 53 YEARS S/O DEVASIA, KOTTARATHIL HOUSE, ARMAD,KUPPADI P.O,KUPPADI, WAYANAD, PIN - 673592

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BY ADVS.

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ELDHO.N.MONCY P.PARVATHY

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RESPONDENT/PLAINTIFF:

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PRASANTH V S

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S/O SASI, VARAKIL HOUSE, MUNDANMUDY P.O, VANNAPPURAM, VANNAPURAM VILLAGE, THODUPUZHA TALUK, THODUPUZHA IDUKKI DISTRICT, PIN – 685018

¶51

SRI. SHIJU VARGHESE

¶52

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).37/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶53

Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

¶54

-:5:-

¶55

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶56

PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 TR.P(C) NO. 73 OF 2024

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OS NO.1228 OF 2023 OF III ADDITIONAL MUNSIFF COURT, ERNAKULAM (RCC), ERNAKULAM

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PETITIONER/DEFENDANT:

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THOMAS V D

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AGED 53 YEARS S/O DEVASIA, KOTTARATHIL HOUSE, ARMAD,KUPPADI P.O,KUPPADI, WAYANAD, PIN - 673592

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BY ADVS.

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ELDHO.N.MONCY P.PARVATHY

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RESPONDENT/PLAINTIFF:

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PRASANTH V S

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S/O SASI, VARAKIL HOUSE, MUNDANMUDY P.O, VANNAPPURAM, VANNAPURAM VILLAGE, THODUPUZHA TALUK, THODUPUZHA IDUKKI DISTRICT, PIN – 685018

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SRI. SHIJU VARGHESE

¶68

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).37/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:6:-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶72

PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 TR.P(C) NO. 159 OF 2024

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OS NO.320 OF 2023 OF PRINCIPAL MUNSIFF COURT , KOCHI PETITIONER/DEFENDANT:

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THOMAS V D

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AGED 53 YEARS

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S/O DEVASIA, KOTTARATHIL HOUSE, ARMAD, KUPPADI P.O, KUPPADI, WAYANAD, PIN - 673592

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BY ADVS. ELDHO.N.MONCY P.PARVATHY

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RESPONDENT/PLAINTIFF:

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PRASANTH V S

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S/O SASI, VARAKIL HOUSE,MUNDANMUDY P.O, VANNAPURAM, VANNAPURAM VILLAGE, THODUPUZHA TALUK, THODUPUZHA , IDUKKI DISTRICT, PIN – 685018

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SRI. SHIJU VARGHESE

¶83

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).37/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

¶85

-:7:-

¶86

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶87

PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946

¶89

TR.P(C) NO. 351 OF 2024

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OS NO.552 OF 2023 OF MUNSIFF COURT,ALUVA

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PETITIONER/DEFENDANT:

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THOMAS V D

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AGED 53 YEARS S/O DEVASIA, KOTTARATHIL HOUSE, ARMAD,KUPPADI P.O,KUPPADI, WAYANAD, PIN - 673592

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BY ADVS.

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ELDHO.N.MONCY P.PARVATHY

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RESPONDENT/PLAINTIFF:

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PRASANTH V S AGED 36 YEARS S/O SASI, VARAKIL HOUSE, MUNDANMUDY P.O, VANNAPPURAM, VANNAPURAM VILLAGE, THODUPUZHA TALUK, THODUPUZHA IDUKKI DISTRICT., PIN – 685018

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SRI. SHIJU VARGHESE

¶99

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).37/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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O R D E R

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All these transfer petitions have been filed to transfer 7 suits pending before different Munsiff's Courts in Ernakulam District to the Munsiff's Court, Sulthan Bathery, Wayanad.

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The petitioner is the defendant and the respondent is the plaintiff in all the suits. All suits are for recovery for damages based on the same set of allegations. The petitioner is holding the office of Panchayat Secretary at Poothadi Grama Panchayat, Wayanad. He is also a native of Wayanad. The respondent is a native of Thodupuzha. The case of the the plaintiff/respondent in

¶105

all the suits is that he approached the defendant who was the then Secretary of Pulpally Grama Panchayat in 2023 to discuss about his proposed project to start a Multistoreyed Super Market at Chettapalam Junction at Pulpally, Wayanad. It is alleged that the defendant/petitioner agreed to help him to complete the project and demanded money from the plaintiff for completing all the works. Several meetings were taken place to that effect

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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between the plaintiff and defendant at Wayanad and also at Perumbavoor. However, the project could not be materialised. The defendant did not render the help as promised. Accordingly, the suits were instituted by the plaintiff for the damages allegedly sustained by him.

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The petitioner now filed transfer petitions to transfer all the suits to Sulthan Bathery, Wayanad since he is presently working as Secretary of Poothadi Grama Panchayat.

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I have heard the learned counsel for the petitioner and also the learned counsel for the respondent. The learned counsel for the respondent strongly opposed the transfer.

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I went through the plaint. The averments in the plaint would show that the transactions between the plaintiff and defendant which led to the filing of the suits were mainly taken place at Wayanad. The defendant is residing at Wayanad. He is also the Secretary of a Grama Panchayat at Wayanad. Considering all these aspects, I am of the view that the transfer sought for can be allowed. Hence, O.S.Nos.389/2023, 395/2023, 620/2023, 52/2023, 1228/2023, 320/2023 and 552/2023

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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pending before the Munsiff's Court, Muvattupuzha, Perumbavoor, North Paravur, Kolenchery, Additional Munsiff's Court-III (RCC), Ernakulam, Principal Munsiff's Court, Kochi and Munsiff's Court, Aluva respectively are withdrawn and transferred to the Munsiff's Court, Sulthan Bathery for trial and disposal. All the transfer

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petitions are allowed.

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Sd/-

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DR. KAUSER EDAPPAGATH

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JUDGE

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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APPENDIX OF TR.P(C) 38/2024

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE PLAINT AS O.S NO.395 OF 2023 ALONG WITH IA DATED 18.12.2023 FOR ATTACHMENT

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Annexure A2 TRUE COPY OF THE PLAINT AS O.S 389 OF 2023 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA ALONG WITH IA DATED 18.12.2023

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Annexure A3 TRUE COPY OF THE PLAINT AS O.S NO. 620 OF 2023 BEFORE THE MUNSIFF COURT, NORTH PARAVUR ALONG WITH IA DATED 18.12.2023 FOR ATTACHMENT.

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Annexure A4 TRUE COPY OF THE PLAINT AS O.S NO. 52 OF 2023 BEFORE THE MUNSIFF COURT, KOLENCHERY ALONG WITH IA DATED 18.12.2023 FOR ATTACHMENT

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:12:-

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APPENDIX OF TR.P(C) 39/2024

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE PLAINT AS O.S NO.620 OF 2023 ALONG WITH IA DATED 18.12.2023

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Annexure A2 TRUE COPY OF THE PLAINT AS O.S 389 OF 2023 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA ALONG WITH IA DATED 18.12.2023

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Annexure A3 TRUE COPY OF THE PLAINT AS O.S NO. 395 OF 2023 BEFORE THE MUNSIFF COURT, PERUMBAVOOR ALONG WITH IA DATED 18.12.2023

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Annexure A4 TRUE COPY OF THE PLAINT AS O.S NO. 52 OF 2023 BEFORE THE MUNSIFF COURT, KOLENCHERY ALONG WITH IA DATED 18.12.2023

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:13:-

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APPENDIX OF TR.P(C) 40/2024

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PETITIONER ANNEXURES

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Annexure A1

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TRUE COPY OF THE PLAINT AS O.S NO.52 OF 2023 ON THE FILES OF THE MUNSIFF'S COURT KOLENCHERY ALONG WITH IA FOR ATTACHMENT DATED 18.12.2023

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Annexure A2 TRUE COPY OF THE PLAINT AS O.S 389 OF 2023 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA ALONG WITH IA FOR ATTACHMENT DATED 18.12.2023

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Annexure A3

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TRUE COPY OF THE PLAINT AS O.S NO. 620 OF 2023 BEFORE THE MUNSIFF COURT, NORTH PARAVUR ALONG WITH IA FOR ATTACHMENT DATED 18-12-2023.

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Annexure A4

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TRUE COPY OF THE PLAINT AS O.S NO. 395 OF 2023 BEFORE THE MUNSIFF COURT, PERUMBAVOOR ALONG WITH IA FOR ATTACHMENT DATED 18.12.2023

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:14:-

¶149

APPENDIX OF TR.P(C) 73/2024

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE PLAINT AS O.S NO.1228 OF 2023 ON THE FILES OF THE MUNSIFF COURT, ERNAKULAM.

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:15:-

¶154

APPENDIX OF TR.P(C) 159/2024

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE PLAINT ALONG WITH I.A AS O.S NO.320 OF 2023 DATED 18.12.2023 ON THE FILES OF THE PRINCIPAL MUNSIFF COURT, KOCHI.

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:16:-

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APPENDIX OF TR.P(C) 351/2024

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PETITIONER ANNEXURES

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Annexure A1 TRUE COPY OF THE PLAINT AS O.S NO.552 OF 2023 ALONG WITH PETITION FOR ATTACHMENT ON THE FILES OF THE MUNSIFF'S COURT, ALUVA. Annexure A2 TRUE COPY OF THE INTERIM ORDER DATED 06.02.2024 IN TR.P (C) NO. 37 OF 2024. Annexure A3 TRUE COPY OF THE INTERIM ORDER DATED 22.03.2024 IN TR.P (C) NO. 37 OF 2024.

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Tr.P.(C).Nos. 37, 38, 39, 40, 73, 159 & 351 of 2024

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-:17:-

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APPENDIX OF TR.P(C) 37/2024

¶165

PETITIONER ANNEXURES

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Annexure 1 TRUE COPY OF THE PLAINT AS O.S NO.389 OF 2023 ALONG WITH IA DATED 18.12.2023 FOR ATTACHMENT

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Annexure 2 TRUE COPY OF THE PLAINT AS O.S 395 OF 2023 BEFORE THE MUNSIFF COURT, PERUMBAVOOR ALONG WITH IA DATED 18.12.2023 FOR ATTACHMENT

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Annexure 3

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TRUE COPY OF THE PLAINT AS O.S NO. 620 OF 2023 BEFORE THE MUNSIFF COURT, NORTH PARAVUR ALONG WITH IA DATED 18.12.2023 FOR ATTACHMENT

¶170

Annexure 4 TRUE COPY OF THE PLAINT AS O.S NO. 52 OF 2023 BEFORE THE MUNSIFF COURT, KOLENCHERY ALONG WITH IA DATED 18.12.2023 FOR ATTACHMENT

Thomas v. D v Prasanth v S

Case brief

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What did the court decide?

Thomas v. D v Prasanth v S

Case brief

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What did the court decide?

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