Kerala High Court
Central Kerala Kuries Private Limited vs Bindu on 20 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 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
TR.P(C) NO. 221 OF 2024
EP NO.114 OF 2020 IN IN OS NO.119 OF 2019 OF MUNSIFF COURT,
CHALAKUDY
PETITIONER/DECREE HOLDER:
CENTRAL KERALA KURIES PRIVATE LIMITED
REGISTERED OFFICE AT ALOOR DESOM, ALOOR VILLAGE,
CHALAKUDY TALUK, REPRESENTED BY ITS MANAGING
DIRECTOR, BABU VARGHESE. AGED 64 YEARS, S/O
VARGHESE, RESIDING AT: CHATHELY HOUSE, ALOOR,
CHALAKUDY, PIN - 680683
BY ADV DEEPU LAL MOHAN
RESPONDENT/JUDGMENT DEBTORS 2 & 3:
1 BINDU, AGED 45 YEARS
W/O KATTILAPARAMBIL SUBRAMANIAN, MECHIRA DESOM,
KODASSERY VILLAGE, CHALAKUDY TALUK., PIN - 680725
2 ANANTHAKRISHNAN
AGED 25 YEARS
S/O KATTILAPARAMBIL SUBRAMANIAN, MECHIRA DESOM,
KODASSERY VILLAGE, CHALAKUDY TALUK, PIN - 680725
THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Tr.P.(C).No.221/2024
-:2:-
ORDER
This transfer petition has been filed to transfer
E.P.No.114/2020 in O.S.No.119/2019 from the Munsiff's Court,
Chalakudy to the Principal Sub Court, Irinjalakuda.
2. The petitioner is the decree holder and the
respondents are the judgment debtors 2 and 3 in
E.P.No.114/2020 in O.S.No.119/2019. The 1 st judgment debtor
is no more. Another execution petition as E.P. No.27/2024 in
O.S.No.113/2020 between the same parties is pending before
the Principal Sub Court, Irinjalakuda. Both decrees are charge
decrees in respect of the very same property of the judgment
debtors. The execution petition has been filed to sell their
property. It is in these circumstances, the transfer has been
sought.
Having heard the learned counsel for the petitioner and
considering the fact that both the execution petitions are
between the same parties and the charge decree was passed in
respect of the same property, the transfer sought can be allowed.
Hence, the transfer petition is allowed. E.P.No.114/2020 in
O.S.No.119/2019 pending on the files of the Munsiff's Court,
Chalakudy is withdrawn and transferred to the Principal Sub
Court, Irinjalakuda to try along with E.P.No.27/2024 in
O.S.No.113/2020.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
APPENDIX OF TR.P(C) 221/2024
PETITIONER ANNEXURES
Annexure-A THE TRUE COPY OF JUDGMENT DATED 28-11-
2019 OF THE MUNSIFF COURT, CHALAKUDY IN
Annexure-B THE TRUE COPY OF DECREE DATED 28-11-
2019 OF THE MUNSIFF COURT, CHALAKUDY IN
Annexure-C THE TRUE COPY OF E.P. NO. 114/2020 IN
O.S. NO. 119/2019 PENDING BEFORE THE
MUNSIFF COURT, CHALAKUDY
Annexure-D THE TRUE COPY OF E.A. NO. 216/2022 IN
E.P. NO. 114/2020 IN O.S. NO. 119/2019
ON THE FILES OF THE MUNSIFF COURT
Annexure-E THE TRUE COPY OF E.A. NO. 225/2022 IN
E.P. NO. 114/2020 IN O.S. NO. 119/2019
ON THE FILES OF THE MUNSIFF COURT
Annexure-F THE TRUE COPY OF JUDGMENT DATED 28-11-
2023 OF THE SUBORDINATE COURT,
IRINJALAKUDA IN O.S. NO. 113/2020
Annexure-G THE TRUE COPY OF DECREE DATED 28-11-
2023 OF THE SUBORDINATE COURT,
IRINJALAKUDA IN O.S. NO. 113/2020
Annexure-H THE TRUE COPY OF E.P. NO. 27/2024 IN
O.S. NO. 113/2020 PENDING BEFORE THE
PRINCIPAL SUB COURT, IRINJALAKUDA
