Vakkachan Abraham Vs Baiju Kalyani — Kerala HC (2025) — LawSathi Research

Vakkachan Abraham Vs Baiju Kalyani — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

OS No.367/2024 pending before the Munsiff Court, Aluva, withdrawn and transferred to the Munsiff Court, Muvattupuzha; the Munsiff Court, Aluva, to immediately transfer the records, and the Munsiff Court, Muvattupuzha, to issue notice to the parties and dispose of the case in accordance with law.

Issue for consideration

Whether OS No.367 of 2024, pending before the Munsiff Court, Aluva, should be withdrawn and transferred to the Munsiff Court, Muvattupuzha.

Court's answer

Since notice issued by the High Court was served on the respondent and none appeared for him, the averments in the Transfer Petition stand unchallenged, which entitles the petitioner to an order from the Court.

Ratio / Principle

In view of the uncontroverted averments in the memorandum of transfer petition, and the additional fact that the petitioner is a senior citizen, the Court deemed it appropriate to allow the transfer petition.

Detailed headnote1 paragraphs

TR.P(C) No.142 of 2025 — High Court of Kerala — BASANT BALAJI, J. — Transfer Petition (Civil): Held, allowing the petition, that where notice issued by the High Court had been duly served on the respondent and none appeared, the averments of the transfer petition stood unchallenged, entitling the petitioner to an order; further, the uncontroverted averments together with the fact that the petitioner is a senior citizen made it appropriate to grant the transfer. In the result, OS No.367/2024 — a suit filed by the respondent before the Munsiff Court, Aluva, seeking a declaration that he is the son of the petitioner, born out of the relationship between the defendant and the plaintiff's mother, and other reliefs — was withdrawn from the Munsiff Court, Aluva, and transferred to the Munsiff Court, Muvattupuzha. The Munsiff Court, Aluva, was directed to immediately transfer the records, and the Munsiff Court, Muvattupuzha, upon receipt of the records, to issue notice to the parties and dispose of the case in accordance with law. (Per petitioner's case, the suit was alleged to have been filed only to harass the petitioner, a lawyer practising at Aluva.) No statutory provision or precedent was invoked in the order.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE BASANT BALAJI

WEDNESDAY, THE 2^ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947

TR.P(C) NO. 142 OF 2025

OS NO.367 OF 2024 OF MUNSIFF COURT,ALUVA

PETITIONER:

VAKKACHAN ABRAHAM AGED 74 YEARS

S/O. LATE ABRAHAM, KALAPPARAMBATH PATHADAN HOUSE, ELAVOOR PO, ANGAMALY, PIN - 683572

BY ADVS. AYPE JOSEPH MERIN ROSE

RESPONDENT:

BAIJU KALYANI

AGED 44 YEARS

S/O. LATE KALYANI, MUTHUPARAMBIL (KOVATTU) HOUSE, PALUPPUZHA DESOM, ELAVOOR PO, ANGAMALY, PIN - 683572

THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

TR.PC 142/25

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025:KER:29325

O R D E R

(Dated this the 2nd day of April, 2025)

This Transfer Petition has been filed seeking a transfer of OS. No.367 of 2024, pending before the Munsiff Court,

Aluva, to Munsiff Court, Muvattupuzha.

The petitioner is the defendant in OS

No.367/2024. The respondent filed the above suit before the Munsiff Court, Aluva, for a decree seeking a declaration that the respondent/plaintiff is the son of the petitioner, born out of the relationship between the defendant and the mother of the plaintiff, and for other reliefs.

The case of the petitioner is that he is a

lawyer at Aluva, and is a senior citizen also. The counsel for

the petitioner contends that the above suit is filed only to harass the petitioner, and thus he prays that OS No.367/2024 pending before the Munsiff Court, Aluva, be transferred to the Munsiff Court, Muvattupuzha.

TR.PC 142/25

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025:KER:29325

Notice issued from this Court has been served

on the respondent, and none appears. Thus, it can be seen that the averments in the Transfer Petition stands unchallenged, which entitles the petitioner an order from this Court.

Thus, in the light of the uncontroverted averments in the memorandum of transfer petition, and also the fact that the petitioner is a senior citizen, I deem it appropriate to allow this Transfer Petition. In the result, OS No.367/2024 pending before the Munsiff Court, Aluva, is withdrawn and transferred to the Munsiff Court, Muvattupuzha. The Munsiff Court, Aluva, shall immediately transfer the records to the Munsiff Court, Muvattupuzha. On receipt of the records, the Munsiff Court, Muvattupuzha, shall issue notice to the parties

and dispose of the case in accordance with law.

Sd/-

BASANT BALAJI JUDGE

JS

TR.PC 142/25

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025:KER:29325

APPENDIX OF TR.P(C) 142/2025

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE PLAINT IN OS. 367/2024, ON THE FILE OF HON’BLE MUNSIFF COURT ALUVA