Santhosh Kumar vs Madhu Gupta
2023 Latest Caselaw 10385 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE BASANT BALAJI
        Saturday, the 30th day of September 2023 / 8th Aswina, 1945

                    IA.NO.2/2021 IN RFA NO. 51 OF 2021

         O.S.NO.150/2013 OF THE I ADDITIONAL SUB COURT, KOZHIKODE

PETITIONER/RESPONDENT:

     SANTHOSH KUMAR K., AGED 49 YEARS ,S/O. NARAYANAN, PRASEELA NIVAS,
     P.O.KOTTOOLI, KOTTOOLI AMSOM DESOM, KOZHIKODE TALUK.

RESPONDENT/PETITIONER:

     ABDUL RASHEED, AGED 61 YEARS, S/O. S.V.HASSAN KUNHI, "AMEEGARH",
     STATE BANK OFFICER'S COLONY, NELLIKODE AMSOM DESOM, CHEVAYOOR,
     KOZHIKODE TALUK REPRESENTED BY HIS POWER OF ATTORNEY
     HOLDER, MUHAMMED RAFEEQ A.P.M, AGED 52 YEARS, S/O.S.V.HASSAN KUNJHI,
     DREAM HOUSE, CHEVAYOOR, NELLIKODE AMSOM DESOM, KOZHIKODE TALUK.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to withdraw and
transfer A.S.72/2020 pending before the Principal District Court,
Kozhikode to this Hon'ble Court.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.NIRMAL. S, SMT.VEENA HARI, Advocates for the petitioner and
of SRI.R.SUDHISH,SMT.M.MANJU,SMT.MERIN THOMAS Advocates for R1 in IA/R2 in
RFA, the court passed the following:
                      BASANT BALAJI, J.
                  =====================
                       RFA No.51/2021
                 =====================
                 Dated: 30th September, 2023

                          O R D E R

Adv. Srinath Girish appears for the 1 st respondent.

Service is complete.

I.A No.2/2021

It is seen that the Subordinate Judge has considered

O.S No. 17/2010 and O.S No.150/2013 together and a

common judgment is passed. Against the decree in O.S

No.17/2010, an appeal was filed as A.S No.72/2020 before

the Principal District Court, Kozhikode and the present

appeal is filed against the judgment and decree in O.S

No.150/2013. In both the appeals, the parties are the same

and in respect to a same property.

This petition is filed to withdraw and transfer A.S

No.72/2020 pending before the Principal District Court, RFA No.51/2021

Kozhikode, since the subject matter in both suits are same.

Taking into consideration that the subject matter in

both the appeals are same and parties are also common, the

I.A is allowed. Therefore, A.S No.72/2020 pending before

the Principal District Court, Kozhikode is withdrawn and

transferred to this Court. The Principal District Court is

directed to transfer the online case records in AS

No.72/2020 to this Court without delay.

Sd/-

BASANT BALAJI JUDGE

JS

30-09-2023 /True Copy/ Assistant Registrar