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Sunitha.R vs Sreekumar.D

Sunitha.R vs Sreekumar.D

Type Court Judgment Court Kerala Decided Sep 30, 2022
~2 min read
https://sooperkanoon.com/case/1475336

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Tr.P(C)/224/2018

Parties & Advocates

Appellant / Petitioner

Sunitha.R

Respondent

Sreekumar.D

Excerpt

in the high court of kerala at ernakulampresent the honourable mr.justice c.s.dias friday, the 30th day of september 2022 / 8th aswina, 1944 against the order/judgment in op 199/2018 of family court, pathanamthitta petitioner/s: sunitha.r aged 32 years aged 32 years, d/o. somarajan, sunitha nivas,thazhavathekkum muri, srpm p.o,thazhava village,karunagappally, kollam 690 523 by adv sri.k.subash chandra bose respondent/s: sreekumar.d aged 40 years, s/o. divakaran, alekh nivas,parakkara p.o, panthalam thekkekkara, thatta,pathanamthitta this transfer petition (civil) having come up for admission on 30.09.2022, the court on the same day delivered the following:orderthe transfer petition was filed as early as on03.04.2018. this court had admitted the transfer petition and issued notice to the respondent. even though steps have been taken, service is not complete. in the meantime, the learned counsel appearing for the petitioner expired. the registry had issued notice to the petitioner intimating the death of the counsel and the pendency of the transfer petition. even today, no steps have been taken to engage another counsel or taken steps against the respondent. hence, i assume that nothing further survives in thistransfer petition. the transfer petition is dismissed without prejudice to the right of the petitioner to move again, if any cause of action survives.sd/- c.s.dias, judge rkc/30.09.22 appendix of tr.p(c) 224/2018 petitioner annexures annexure-i true copy of the petition in mc no. 21 of 2018 before the family court, chavara. annexure-ii true copy of the suit in o.p. no.86 of 2018 filed before the family court, chavara. dated nil annexure iii true copy of the notice and the copy of the petition in o.p. no. 199 of 2018 before the family court pathanamthitta

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 30TH DAY OF SEPTEMBER 2022 / 8TH ASWINA, 1944 AGAINST THE ORDER/JUDGMENT IN OP 199/2018 OF FAMILY COURT, PATHANAMTHITTA PETITIONER/S: SUNITHA.R AGED 32 YEARS AGED 32 YEARS, D/O. SOMARAJAN, SUNITHA NIVAS,THAZHAVATHEKKUM MURI, SRPM P.O,THAZHAVA VILLAGE,KARUNAGAPPALLY, KOLLAM 690 523 BY ADV SRI.K.SUBASH CHANDRA BOSE RESPONDENT/S: SREEKUMAR.D AGED 40 YEARS, S/O. DIVAKARAN, ALEKH NIVAS,PARAKKARA P.O, PANTHALAM THEKKEKKARA, THATTA,PATHANAMTHITTA THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

The transfer petition was filed as early as on

03.04.2018. This Court had admitted the transfer petition and issued notice to the respondent. Even though steps have been taken, service is not complete. In the meantime, the learned counsel appearing for the petitioner expired. The Registry had issued notice to the petitioner intimating the death of the counsel and the pendency of the transfer petition. Even today, no steps have been taken to engage another counsel or taken steps against the respondent. Hence, I assume that nothing further survives in this

transfer petition. The transfer petition is dismissed without prejudice to the right of the petitioner to move again, if any cause of action survives.

Sd/- C.S.DIAS, JUDGE rkc/30.09.22 APPENDIX OF TR.P(C) 224/2018 PETITIONER ANNEXURES ANNEXURE-I TRUE COPY OF THE PETITION IN MC NO. 21 OF 2018 BEFORE THE FAMILY COURT, CHAVARA. ANNEXURE-II TRUE COPY OF THE SUIT IN O.P. NO.86 OF 2018 FILED BEFORE THE FAMILY COURT, CHAVARA. DATED NIL ANNEXURE III TRUE COPY OF THE NOTICE AND THE COPY OF THE PETITION IN O.P. NO. 199 OF 2018 BEFORE THE FAMILY COURT PATHANAMTHITTA

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