Sarojini Devi vs Subramanian
2021 Latest Caselaw 3378 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SATHISH NINAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                        Tr.P(C).No.54 OF 2021

    FOR TRANSFERRING OS NO. 221/2013 AND OF MUNSIFF'S COURT,
 OTTAPPALAM TO THE SUB COURT OTTAPALAM ALONG WITH OS.NO.85/2016

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PETITIONERS:

      1        SAROJINI DEVI
               AGED 75 YEARS
               W/O LATE RAMAKRISHNA GUPTHAN,RESIDING AT
               MUSALIPATHATHU KOTTAYIL,KANNIYAMPURAM AMSOM,OTTAPALAM
               TALUK,PALAKKAD DISTRICT-679101.

      2        K.R.SIVASANKARAN,
               AGED 50 YEARS
               S/O LATE RAMAKRISHNA GUPTHAN,RESIDING AT
               MIUSALIPATHATHU KOTTAYIL,KANNIYAMPURAM
               AMSOM,OTTAPALAM TALUK,PALAKKAD DISTRICT-679101.

               BY ADVS.
               SRI.T.C.SURESH MENON
               SRI.P.S.APPU

RESPONDENTS:

      1        SUBRAMANIAN
               S/O.K.K.KRISHNAN MOOTHAN,RESIDING AT THERUKULAM
               HOUSE,KATAMPAZHIPURAM AMSOM,OTTAPALAM TALUK,PALAKKAD
               DISTRICT-678633.

      2        VIJAYAKRISHNAN,
               AGED 54 YEARS
               S/O SUBRAMANIAN,RESIDING AT THERUKULAM HOUSE,
               KATAMPAZHIPURAM AMSOM,OTTAPALAM TALUK,
               PALAKKAD DISTRICT-678633.

      3        JAYASANKAR,
               AGED 53 YEARS
               S/O SUBRAMANIAN,RESIDING AT MEERA MANZIL,
               DR.A.K.KUTTY ROAD,OLAVAKKODE,PALAKKAD DISTRICT-
               678002.
 Tr.P(C).No.54 OF 2021               -2-


        4        MINI SATHYAKUMAR,
                 AGED 56 YEARS
                 W/O SATHYAKUMAR,RESIDING AT AKSHAYA,
                 KANNIYAMPURAM AMSOM,OTTAPALAM TALUK,
                 PALAKKAD DISTRICT-679101.

        5        DEEPA PRADEEP,
                 AGED 54 YEARS
                 RESIDING AT AKSHAYA,KANNIYAMPURAM AMSOM, OTTAPALAM
                 TALUK,PALAKKAD DISTRICT-679101.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                      SATHISH NINAN, J.
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                  Tr. P. (C) No.54 of 2021
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           Dated this the 29th day of January, 2021

                              ORDER

The petitioners who are the defendants in OS

221/2013 of the Munsiff's Court, Ottapalam, seeks

for transfer of the suit to the Sub Court,

Ottapalam, to be tried along with OS 85/2016

pending before that Court.

2. On instructions obtained through the

Registry regarding the present status of OS

221/2013, it is learnt that the defendants were set

ex parte in the suit and the suit stands posted to

today (29.01.2021) for judgment. In the

circumstances, no orders could be granted in this

transfer petition.

Tr. P. (C) No.54 of 2021

3. Learned counsel for the petitioners submits

that steps are being taken to have the ex parte set

aside. I leave open the rights of the petitioners

to move afresh in the event of the ex parte

order/decree being set aside by the court.

The transfer petition is closed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge Tr. P. (C) No.54 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE ORIGINAL PLAINT IN O.S.NO.221/2013 ON THE FILE OF THE MUNSIFF'S COURT,OTTAPALAM,DATED 26.6.2017

ANNEXURE B TRUE COPY OF THE PLAINT IN O.S.NO.85/2016 ON THE FILE OF THE SUB COURT,OTTAPALAM DATED 16.12.2016.

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