Kerala High Court
Asha vs Aswathi Sudhakar on 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
Tr.P(C).No.550 OF 2020
FOR TRANSFERRING OS NO.634/2015 OF PRINCIPAL MUNSIFF'S COURT-I,
THIRUVANANTHAPURAM TO ADDL. MUNSIFF'S COURT-III,
THIRUVANANTHAPURAM WHERE OS 1221/2015 IS PENDING
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PETITIONERS/DEFENDANTS 1, 2 AND 4:
1 ASHA,
AGED 45 YEARS
D/O.LEELA RAVEENDRAN, CRA 161, VAZHAVILA
CHIRATHALACKAL PUTHEN VEEDU, CHENTHI ROAD,
MAAVARATHALAKONAM, PONGUMMOODU, MEDICAL COLLEGE
P.O., THIRUVANANTHAPURAM - 695 011.
2 SHAJI
AGED 50 YEARS
S/O.SADASIVAN, CRA 161, VAZHAVILA CHIRATHALACKAL
PUTHEN VEEDU, CHENTHI ROAD, MAAVARATHALAKONAM,
PONGUMMOODU, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM - 695 011.
3 LEELA RAVEENDRAN
AGED 69 YEARS
D/O.VASUDEVAN, THIRUVONAM, VINAYAK NAGAR,
KALLAMPALLY, SREEKARYAM P.O., THIRUVANANTHAPURAM -
695 017.
BY ADV. SRI.A.S.SHAMMY RAJ
RESPONDENTS/PLAINTIFFS AND DEFENDANTS 3, 5, 6 AND 7:
1 ASWATHI SUDHAKAR
AGED 39 YEARS
D/O.SUDHAKARAN, GREEN PALMS, TRA-95, TC NO.6/2314
(2), THITTAMANGALAM, VATTIYOORKAVU P.O.,
THIRUVANANTHAPURAM - 695 013.
2 SYAMALA DEVI
AGED 67, W/O.SUDHAKARAN, GREEN PALMS, TRA-95, TC
NO.6/2314(2), THITTAMANGALAM, VATTIYOORKAVU P.O.,
THIRUVANANTHAPURAM - 695 013.
Tr.P(C).No.550 OF 2020 -2-
3 OMANA
AGED 72, D/O.VASUDEVAN, REMA BHAVAN,
MANGALATHUKONAM, NEAR KATTUNADA DEVI TEMPLE,
BALARAMAPURAM, THIRUVANANTHAPURAM - 695 501.
4 VIJAYA MOHAN
AGED 67, S/O.VASUDEVAN, SIVASAILAM, JNRA-19, WOMENS
SN COLLEGE JUNCTION, KOLLAM - 691 001.
5 SATHEENDRA BABU
AGED 63, S/O.VASUDEVAN, RADHAMANDHAVAM HOUSE,
PALAKKAL, POOVANKUZHI ROAD, PULIYARAKKONAM, PEYAD
P.O., THIRUVANANTHAPURAM - 695 573.
6 GIRIJA
AGED 59, D/O.VASUDEVAN, MANEESH BHAVAN, CHENTHI
ROAD, MAVARATHALAKONAM, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM - 695 011.
R4 BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SATHISH NINAN, J.
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Tr. P. (C) No.550 of 2020
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Dated this the 22nd day of January, 2021
ORDER
Two suits viz. OS 634/2015 and OS 1221/2015 are
pending between the same parties and relating to
the same properties but, in different courts. OS
634/2015 is pending before the Principal Munsiff's
Court, Thiruvananthapuram for declaration of title,
and OS 1221/2015 is pending before the III
Additional Munsiff's Court, Thiruvananthapuram for
partition. It is only proper that the suits be
tried jointly by one court.
2. Accordingly it is ordered that, OS 634/2015
on the files of the Principal Munsiff's Court,
Thiruvananthapuram will stand withdrawn and
transferred to the III Additional Munsiff's Court,
Tr. P. (C) No.550 of 2020
Thiruvananthapuram to be tried along with OS
1221/2015. The court shall expedite the disposal of
the suits.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
Tr.P(C).No.550 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE PLAINT IN O.S.NO.634/2015
ON THE FILE OF MUNSIFF'S COURT,
THIRUVANANTHAPURAM DATED 25/3/2015.
ANNEXURE A2 TRUE COPY OF THE WRITTEN STATEMENT JOINTLY
FILED BY THE DEFENDANTS 1,2 AND 4 IN
O.S.NO.634/2015 DATED 25/9/2015.
ANNEXURE A3 TRUE COPY OF THE JUDGMENT IN
O.S.NO.954/1980 ON THE FILE OF 1ST
ADDITIONAL MUNSIFF'S COURT,
THIRUVANANTHAPURAM DATED 28/10/1980.
ANNEXURE A4 TRUE COPY OF THE PLAINT IN O.S.NO.1221/2015
ON THE FILE OF 3RD ADDITIONAL MUNSIFF'S
COURT, THIRUVANANTHAPURAM DATED 26/6/2015.
ANNEXURE A5 TRUE COPY OF THE WRITTEN STATEMENT IN
O.S.NO.1221/2015 FILED BY THE PETITIONERS
HEREIN DATED 8/3/2016.
ANNEXURE A6 TRUE COPY OF THE JUDGMENT DATED 23/11/2017
IN O.P.(C) NO.3272/2017 OF THIS HON'BLE
COURT.
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