Ambika Francis K vs Mithu Elizabath Francis
2024 Latest Caselaw 15580 Ker

Kerala High Court

Ambika Francis K vs Mithu Elizabath Francis on 6 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                   TR.P(C) NO. 743 OF 2022
     AGAINST THE ORDER/JUDGMENT IN OS NO.171 OF 2021 OF
                   MUNSIFF COURT, KALPETTA

PETITIONERS/DEFENDANTS IN OS NO. 171/2021
BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA AND
ALSO IN OS NO.355/2019 BEFORE THE
PRINCIPAL MUNSIFF'S COURT, KOZHIKODE:

    1     AMBIKA FRANCIS K
          AGED 30 YEARS, HOUSEWIFE,
          D/O LATE K.V.FRANCIS AND LATE SAJITHA,
          HAVING ADDRESS AT "SHELTER",
          NEAR KSRTC AND NSS SCHOOL, MADIYOORKUNI,
          KALPETTA, PIN -673121 AND ALSO AT MUNICIPAL
          CORPORATION NO.3/75, "SHELTER",
          NEDUNGADI GARDEN, CHAKKORATHUKULAM,
          NADAKAVU P.O., KOZHIKODE, PIN- 673011
    2     ASWATHY FRANCIS K.,
          AGED 27 YEARS, HOUSE WIFE,
          D/O LATE K.V.FRANCIS AND LATE SAJITHA,
          HAVING ADDRESS AT "SHELTER",
          NEAR KSRTC AND NSS SCHOOL, MADIYOORKUNI,
          KALPETTA, PIN -673121 AND ALSO AT MUNICIPAL
          CORPORATION NO.3/75, "SHELTER",
          NEDUNGADI GARDEN, CHAKKORATHUKULAM,
          NADAKAVU P.O., KOZHIKODE, PIN -673011,
         BY ADVS.
         M.P.RAMNATH
         BEPIN PAUL
         S.SANDHYA
         SHALU VARGHESE
         K.S AKSHAY MOHAN
         UMA R.KAMATH
         K.J.SEBASTIAN
         P.RAJESH (KOTTAKKAL)
         M.VARGHESE VARGHESE
         S.DEEPAK
         ANTONY THARIAN
 Tr.P.(C) Nos. 743/ 2022 & 247/2024

                                     ..2..


RESPONDENTS/PLAINTIFF IN O.S NO.171/2021
BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA
AND ALSO IN OS. NO. 355/2019 BEFORE THE
PRINCIPAL MUNSIFF'S COURT, KOZHIKODE:

     1       MITHU ELIZABATH FRANCIS
             D/O LATE K.V.FRANCIS,
             RESIDING AT NO.582, 12TH MAIN,
             2ND CROSS, 4TH BLOCK, KORAMANGALA,
             BANGLORE, KARNATAKA - 560 034.
     2       TRESA @ CHINU TRESA FRANCIS,
             AGED 40 YEARS, D/O LATE K.V.FRANCIS,
             RESIDING AT RESIDING AT NO. 582,
             12TH MAIN, 2ND CROSS, 4TH BLOCK,
             KORAMANGALA, BANGLORE, KARNATAKA - 560034.
     3       TINA MARIAYAM FRANCIS,
             AGED 46 YEARS, D/O LATE K.V.FRANCIS,
             NOW RESIDING AT 7836, NURSERY DR GURNEE,
             GURNEE, ILLINOIS, 60031-5654, UNITED STATES,
             REPRESENTED BY MOTHER AND POWER OF ATTORNEY
             AGENT, REBECCA, AGED 67 YEARS, RESIDING AT
             NO.582, 12TH MAIN, 2ND CROSS, 4TH BLOCK,
             KORAMANGALA, BANGALORE, KARNATAKA - 560034.


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).247/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Tr.P.(C) Nos. 743/ 2022 & 247/2024

                                       ..3..


            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                  TR.P(C) NO. 247 OF 2024
    AGAINST THE ORDER/JUDGMENT IN OS NO.102 OF 2023 OF
MUNSIFF COURT, KALPETTA ARISING OUT OF THE ORDER/JUDGMENT
  DATED IN OS NO.355 OF 2019 OF PRINCIPAL MUNSIFF COURT
                        KOZHIKODE-I

PETITIONERS/DEFENDANTS 3 & 4 IN OS NO. 102/2023 MUNSIFF
COURT, KALPETTA AND ALSO DEFENDANTS 2 & 3 IN OS NO.
355/2019 AND DEFENDANTS IN OS NO. 2/2023 BOTH BEFORE THE
PRINCIPAL MUNSIFF COURT, KOZHIKODE:

     1       AMBIKA FRANCIS K
             AGED 31 YEARS
             HOUSEWIFE, D/O LATE K.V.FRANCIS AND LATE
             SAJITHA, HAVING ADDRESS AT "SHELTER",
             NEAR KSRTC AND NSS SCHOOL, MADIYOORKUNI,
             KALPETTA, PIN 673121 AND ALSO AT MUNICIPAL
             CORPORATION NO.3/75, "SHELTER", NEDUNGADI
             GARDEN, CHAKKORATHUKULAM, NADAKAVU P.O.,
             KOZHIKODE, PIN - 673011
     2       ASWATHY FRANCIS K
             AGED 28 YEARS
             HOUSE WIFE, D/O LATE K.V.FRANCIS AND LATE
             SAJITHA, HAVING ADDRESS AT "SHELTER",
             NEAR KSRTC AND NSS SCHOOL, MADIYOORKUNI,
             KALPETTA, PIN 673121 AND ALSO AT MUNICIPAL
             CORPORATION NO.3/75, "SHELTER", NEDUNGADI
             GARDEN, CHAKKORATHUKULAM, NADAKAVU P.O.,
             KOZHIKODE., PIN - 673011
             BY ADVS.
             M.P.RAMNATH
             P.RAJESH (KOTTAKKAL)
             K.J.SEBASTIAN
             M.VARGHESE VARGHESE
             UMA R.KAMATH
             S.SANDHYA
             BEPIN PAUL
             SHALU VARGHESE
             S.DEEPAK
             ANTONY THARIAN
             POOJA KRISHNA K.B.
 Tr.P.(C) Nos. 743/ 2022 & 247/2024

                                     ..4..



RESPONDENTS/PLAINTIFF & DEFENDANTS 1 & 2 IN OS
NO.102/2023 MUNSIFF'S COURT, KALPETTA AND (THE
RESPONDENTS 1 & 2 HEREIN) ALSO BEING PLAINTIFFS 1 TO 3
IN OS NO.355/2019 AND OS NO.2/2023 BOTH BEFORE THE
PRINCIPAL MUNSIFF'S COURT, KOZHIKODE:

     1       MITHU ELIZABATH FRANCIS
             D/O LATE K.V.FRANCIS,
             RESIDING AT NO.582, 12 TH MAIN,
             2 ND CROSS, 4 TH BLOCK, KORAMANGALA,
             BANGLORE, KARNATAKA, PIN - 560034
     2       TRESA@CHINU TRESA FRANCIS
             AGED 42 YEARS, D/O LATE K.V.FRANCIS,
             RESIDING AT RESIDING AT NO. 582,
             12 TH MAIN, 2 ND CROSS, 4 TH BLOCK,
             KORAMANGALA, BANGLORE, KARNATAKA, PIN - 560034
     3       TINA MARIAYAM FRANCIS
             , AGED 48 Y D/O LATE K.V.FRANCIS,
             NOW RESIDING AT 7836, NURSERY DR GURNEE,
             GURNEE, ILLINOIS, 60031-5654, UNITED STATES,
             REPRESENTED BY MOTHER AND POWER OF ATTORNEY
             AGENT, REBECCA, AGED 69 YEARS, RESIDING AT
             NO.582, 12 TH MAIN, 2 ND CROSS, 4 TH BLOCK,
             KORAMANGALA, BANGALORE,
             KARNATAKA -, PIN - 560034
     4       STATE OF KERALA
             REPRESENTED BY DISTRICT COLLECTOR,
             CIVIL STATION KALPETTA NORTH POST,
             KALPETTA VILLAGE, VYTHIRI TALUK,
             WAYANAD DISTRICT,, PIN - 673121
     5       THE TAHASILDAR
             VYTHIRI THALUK,
             WAYANAD DISTRICT, PIN - 673121


     THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, ALONG WITH Tr.P(C).743/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Tr.P.(C) Nos. 743/ 2022 & 247/2024

                                     ..5..


                                ORDER

Both these transfer petitions are connected. The parties are also the

same. Tr.P.(C) No.743/2022 has been filed to transfer O.S.No.171/2021

pending on the file of Munsiff Court, Kalpetta to the Principal Munsiff

Court, Kozhikode. Tr.P.(C) No.247/2024 has been filed to transfer

O.S.No.102/2023 pending on the file of Munsiff Court, Kalpetta to the

Principal Munsiff Court, Kozhikode.

2. I have heard Sri.M.P.Ramnath, the learned counsel for the

petitioner in both these transfer petitions. There is no appearance for the

respondents.

3. Four suits are pending between the petitioners and

respondents before the Munsiff Court, Kalpetta as well as the Principal

Munsiff Court, Kozhikode. Apart from the two suits mentioned in the

above transfer petitions, the remaining two suits are O.S.No.355/2019

and O.S.No.266/2020, which are now pending before the Principal

Munsiff Court, Kozhikode. On perusal of the plaint involved in all the

suits, it appears that the controversy involved in all the suits is one and

the same. The parties are also the same. In fact, O.S.No.266/2020 was

also originally filed before the Munsiff Court, Kalpetta and it was

transferred to Principal Munsiff Court, Kozhikode and now renumbered

as O.S.No.2/2023. Since two suits are already pending before the Tr.P.(C) Nos. 743/ 2022 & 247/2024

..6..

Principal Munsiff Court, Kozhikode mentioned above and evidence to be

adduced and documents to be produced in all suits are one and the same,

it is just and proper that all four suits are tried and disposed of by

Principal Munsiff Court, Kozhikode.

4. Hence, both these transfer petitions are allowed.

O.S.No.171/2021 and O.S.No.102/2023 pending on the file of Munsiff

Court, Kalpetta are withdrawn and transferred to the Principal Munsiff

Court, Kozhikode for trial and disposal.

It is submitted by the learned counsel for the petitioners that once

the transfer is effected, the petitioners will be filing an application to try

all the four suits jointly. It is also submitted by the learned counsel that,

O.S.No.355/2019 is already scheduled for trial. Hence, the learned

Principal Munsiff, Kozhikode is directed not to schedule the trial in

O.S.No.355/2019 till the joint trial application is filed and disposed of.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE APA Tr.P.(C) Nos. 743/ 2022 & 247/2024

..7..

APPENDIX OF TR.P(C) 743/2022

PETITIONER ANNEXURES ANNEXURE A1 THE TRUE PHOTOSTAT COPY OF THE PLAINT IN OS NO.355/2019 BEFORE THE HON'BLE MUNSIFF COURT, KOZHIKODE.

ANNEXURE A2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY ORIGINAL DEFENDANT WITH COUNTER CLAIMS RAISED IN OS NO.355/2019 BEFORE THE HON'BLE MUNSIFFS COURT, KOZHIKODE. ANNEXURE A3 THE TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY ADDL. DEFENDANTS 2 & 3 ADOPTING THE WRITTEN STATEMENT WITH COUNTER CLAIMS RAISED BY 1ST DEFENDANT IN O.S NO. 355/2019 BEFORE THE HON'BLE MUNSIFF'S COURT, KOZHIKODE ANNEXURE A4 THE TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT / REPLICATION/REJOINDER FILED BY THE PLAINTIFFS TO THE COUNTER CLAIMS RAISED BY .DEFENDANTS IN O.S NO.355/2019 BEFORE THE HON'BLE MUNSIFF'S COURT, KOZHIKODE ANNEXURE A5 THE TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S NO. 266/2020 BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA ANNEXURE A6 THE TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S NO. 266/2020 BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA ANNEXURE A7 THE TRUE PHOTOSTAT COPY OF THE ORDER DT.

08.11.2022 IN TRP(C) NO. 234/2021 OF THIS HON'BE HIGH COURT, OF KERALA ANNEXURE A8 THE TRUE PHOTOSTAT COPY OF THE PLAINT IN O.S NO. 171/2021 BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA ANNEXURE A9 THE TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S NO. 171/2021 BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA Tr.P.(C) Nos. 743/ 2022 & 247/2024

..8..

APPENDIX OF TR.P(C) 247/2024

PETITIONER ANNEXURES ANNEXURE 1 THE TRUE PHOTO COPY OF THE PLAINT IN O.S NO.

355/2019 BEFORE THE HON'BLE MUNSIFF'S COURT, KOZHIKODE ANNEXURE 2 THE TRUE PHOTO COPY OF THE WRITTEN STATEMENT FILED BY ORIGINAL DEFENDANT WITH COUNTER CLAIMS RAISED IN O.S NO. 355/2019 BEFORE THE HON'BLE MUNSIFF'S COURT, KOZHIKODE ANNEXURE 3 THE TRUE PHOTOSTAT COPY OF THE WRITTEN STATEMENT FILED BY ADDL. DEFENDANTS 2 & 3 ADOPTING THE WRITTEN STATEMENT WITH COUNTER CLAIMS RAISED BY 1 ST DEFENDANT IN O.S NO. 355/2019 BEFORE THE HON'BLE MUNSIFF'S COURT, KOZHIKODE ANNEXURE 4 THE TRUE PHOTO COPY OF THE WRITTEN STATEMENT /REPLICATION/REJOINDER FILED BY THE PLAINTIFFS TO THE COUNTER CLAIMS RAISED BY .DEFENDANTS IN O.S NO. 355/2019 BEFORE THE HON'BLE MUNSIFF'S COURT, KOZHIKODE ANNEXURE 5 THE TRUE PHOTO COPY OF THE PLAINT IN O.S NO.

266/2020 BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA (NOW OS NO.2/2023 BEFORE HON'BLE MUNSIFF'S COURT, KOZHIKODE ANNEXURE 6 THE TRUE PHOTO COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S NO. 266/2020 BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA (NOW OS NO.2/2023 BEFORE HON'BLE MUNSIFF'S COURT, KOZHIKODE ANNEXURE 7 THE TRUE PHOTO COPY OF THE ORDER DT.

08.11.2022 IN TRP(C) NO. 234/2021 OF THIS HON'BLE HIGH COURT, OF KERALA ANNEXURE 8 THE TRUE PHOTO COPY OF THE RELEVANT PORTION OF THE TRP(C) NO.743/2022 PENDING BEFORE HON'BLE HIGH COURT OF KERALA ANNEXURE 9 THE TRUE PHOTO COPY OF THE PLAINT IN O.S NO.102/2023 BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA ANNEXURE 10 THE TRUE PHOTO COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS 3&4 IN O.S NO.102/2023 BEFORE THE HON'BLE MUNSIFF'S COURT, KALPETTA