Dharshana vs Bindeep T.B

Type Court Judgment Court Kerala Orders Decided Jul 27, 2023

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Citation: sooperkanoon.com/1349309
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Jul 27, 2023
Case Number: Tr.P(C)/189/2023

Parties & Advocates

Appellant / Petitioner

Dharshana

Respondent

Bindeep T.B

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan thursday, the 27th day of july 2023 / 5th sravana, 1945 tr.p(c) no. 189 of 2023 (in the mattter of op(div) 2495/2019 of family court,thrissur) petitioner/1st respondent in o.p: dharshana aged 24 years w/o bindeep t b,presently residing at h.no.13/5198, ananda bhavan, thundathum kadavu, varapuzha, ernakulam district p.sivaraj m.mehar farsana respondent/petitioner & 2nd respondent in o.p: 1 bindeep t.b aged 31 years s/o balakrishnan, thiruthinmel house, manalithara desom, manalithara village, manalithara p.o. thalappilly taluk, thrissur., pin - 680589 2 *abin antony (deleted) aged 28 years s/o antony chiriyankandath, flat no.117, kamma santhra main road, bengaluru, karnataka- 560100(deleted as per the order dated 27.07.2023 in i.a.no.2 of 2023 in tr.p(c).no.189 of 2023) anand kalyanakrishnan c.dheeraj rajan this transfer petition (civil) having come up for admission on 27.07.2023, the court on the same day delivered the following: tr.p(c) no. 189 of 2023 2o r d e rthis transfer petition is defective in nature since one of the party deleted from the party array i.e., the 2nd respondent at the risk and cost of the petitioner as per order in i.a.no.2 of 2023. the 2 nd respondent is also a party to the pending proceedings before the family court, thrissur and as such, no transfer can be granted without hearing and without issuing notice to all parties to the proceedings. no notice was given to the 2nd respondent. instead the 2nd respondent was deleted from the party array. hence o.p will stand dismissed. sd/- p.somarajan judge lek tr.p(c) no. 189 of 2023 3 appendix of tr.p(c) 189/2023 petitioner annexures annexure 1 a true copy of op no.2495/2019 filed by the 1st respondent before the family court, thrissur

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 27TH DAY OF JULY 2023 / 5TH SRAVANA, 1945 TR.P(C) NO. 189 OF 2023 (IN THE MATTTER OF OP(DIV) 2495/2019 OF FAMILY COURT,THRISSUR) PETITIONER/1ST RESPONDENT IN O.P: DHARSHANA AGED 24 YEARS W/O BINDEEP T B,PRESENTLY RESIDING AT H.NO.13/5198, ANANDA BHAVAN, THUNDATHUM KADAVU, VARAPUZHA, ERNAKULAM DISTRICT P.SIVARAJ M.MEHAR FARSANA RESPONDENT/PETITIONER & 2ND RESPONDENT IN O.P: 1 BINDEEP T.B AGED 31 YEARS S/O BALAKRISHNAN, THIRUTHINMEL HOUSE, MANALITHARA DESOM, MANALITHARA VILLAGE, MANALITHARA P.O. THALAPPILLY TALUK, THRISSUR., PIN - 680589 2 *ABIN ANTONY (DELETED) AGED 28 YEARS S/O ANTONY CHIRIYANKANDATH, FLAT NO.117, KAMMA SANTHRA MAIN ROAD, BENGALURU, KARNATAKA- 560100

(DELETED AS PER THE ORDER DATED 27.07.2023 IN I.A.No.2 OF 2023 IN TR.P(C).No.189 OF 2023) ANAND KALYANAKRISHNAN C.DHEERAJ RAJAN THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 189 OF 2023 2

O R D E R

This transfer petition is defective in nature since one of the party deleted from the party array i.e., the 2nd respondent at the risk and cost of the petitioner as per order in I.A.No.2 of 2023. The 2 nd respondent is also a party to the pending proceedings before the Family Court, Thrissur and as such, no transfer can be granted without hearing and without issuing notice to all parties to the proceedings. No notice was given to the 2nd respondent. Instead the 2nd respondent was deleted from the party array. Hence O.P will stand dismissed. Sd/- P.SOMARAJAN JUDGE LEK TR.P(C) NO. 189 OF 2023 3 APPENDIX OF TR.P(C) 189/2023 PETITIONER ANNEXURES Annexure 1 A TRUE COPY OF OP NO.2495/2019 FILED BY THE 1ST RESPONDENT BEFORE THE FAMILY COURT, THRISSUR

Same Court & Year Kerala Orders · 2023 Same Parties Dharshana vs Bindeep T.B Same Judge Honourable Mr. Justice P.Somarajan