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Sarojini Devi vs Subramanian

Sarojini Devi vs Subramanian

Type Court Judgment Court Kerala Decided Jan 29, 2021
~2 min read
https://sooperkanoon.com/case/1596534

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
Tr.P(C)/54/2021

Parties & Advocates

Appellant / Petitioner

Sarojini Devi

Respondent

Subramanian

Excerpt

.....sathyakumar,residing at akshaya, kanniyampuram amsom,ottapalam taluk, palakkad district-679101. 5 deepa pradeep, aged 54 years residing at akshaya,kanniyampuram amsom, ottapalam taluk,palakkad district-679101. this transfer petition (civil) having come up for admission on 29.01.2021, the court on the same day passed the following:sathish ninan, j.================== ================== dated this the 29th day of january, 2021orderthe petitioners who are the defendants in os for transfer of the suit to the sub court, ottapalam, to be tried along with os 85/2016 pending before that court.2. on instructions obtained through theregistry regarding the present status of os ex parte in the suit and the suit stands posted to today (29.01.2021) for judgment. in the circumstances, no orders could be granted in this transfer petition. -: 2 :-3. learned counsel for the petitioners submitsthat steps are being taken to have the ex parte set aside. i leave open the rights of the petitioners to move afresh in the event of the ex parte order/decree being set aside by the court. the transfer petition is closed. sd/- sathish ninan judge kns/- //true copy// p.s. to judge appendix petitioner's/s exhibits: annexure a true copy of the original plaint in o.s.no.221/2013 on the file of the munsiff's court,ottapalam,dated 26.6.2017 annexure b true copy of the plaint in o.s.no.85/2016 on the file of the sub court,ottapalam dated 16.12.2016. ------------

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942 Tr.P(C).No.54 OF 2021 FOR TRANSFERRING OS NO. 221/2013 AND OF MUNSIFF'S COURT, OTTAPPALAM TO THE SUB COURT OTTAPALAM ALONG WITH OS.NO.85/2016 ------------ PETITIONERS: 1 SAROJINI DEVI AGED 75 YEARS W/O LATE RAMAKRISHNA GUPTHAN,RESIDING AT MUSALIPATHATHU KOTTAYIL,KANNIYAMPURAM AMSOM,OTTAPALAM TALUK,PALAKKAD DISTRICT-679101. 2 K.R.SIVASANKARAN, AGED 50 YEARS S/O LATE RAMAKRISHNA GUPTHAN,RESIDING AT MIUSALIPATHATHU KOTTAYIL,KANNIYAMPURAM AMSOM,OTTAPALAM TALUK,PALAKKAD DISTRICT-679101. BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU RESPONDENTS: 1 SUBRAMANIAN S/O.K.K.KRISHNAN MOOTHAN,RESIDING AT THERUKULAM HOUSE,KATAMPAZHIPURAM AMSOM,OTTAPALAM TALUK,PALAKKAD DISTRICT-678633. 2 VIJAYAKRISHNAN, AGED 54 YEARS S/O SUBRAMANIAN,RESIDING AT THERUKULAM HOUSE, KATAMPAZHIPURAM AMSOM,OTTAPALAM TALUK, PALAKKAD DISTRICT-678633. 3 JAYASANKAR, AGED 53 YEARS S/O SUBRAMANIAN,RESIDING AT MEERA MANZIL, DR.A.K.KUTTY ROAD,OLAVAKKODE,PALAKKAD DISTRICT- 678002. Tr.P(C).No.54 OF 2021 -2- 4 MINI SATHYAKUMAR, AGED 56 YEARS W/O SATHYAKUMAR,RESIDING AT AKSHAYA, KANNIYAMPURAM AMSOM,OTTAPALAM TALUK, PALAKKAD DISTRICT-679101. 5 DEEPA PRADEEP, AGED 54 YEARS RESIDING AT AKSHAYA,KANNIYAMPURAM AMSOM, OTTAPALAM TALUK,PALAKKAD DISTRICT-679101. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

SATHISH NINAN, J.

================== ================== Dated this the 29th day of January, 2021

ORDER

The petitioners who are the defendants in OS for transfer of the suit to the Sub Court, Ottapalam, to be tried along with OS 85/2016 pending before that Court.

2. On instructions obtained through the

Registry regarding the present status of OS ex parte in the suit and the suit stands posted to today (29.01.2021) for judgment. In the circumstances, no orders could be granted in this transfer petition. -: 2 :-

3. Learned counsel for the petitioners submits

that steps are being taken to have the ex parte set aside. I leave open the rights of the petitioners to move afresh in the event of the ex parte order/decree being set aside by the court. The transfer petition is closed. Sd/- SATHISH NINAN JUDGE kns/- //True Copy// P.S. to Judge APPENDIX PETITIONER'S/S EXHIBITS: ANNEXURE A TRUE COPY OF THE ORIGINAL PLAINT IN O.S.NO.221/2013 ON THE FILE OF THE MUNSIFF'S COURT,OTTAPALAM,DATED 26.6.2017 ANNEXURE B TRUE COPY OF THE PLAINT IN O.S.NO.85/2016 ON THE FILE OF THE SUB COURT,OTTAPALAM DATED 16.12.2016. ------------

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Same Court & Year Kerala · 2021 Same Parties Sarojini Devi vs Subramanian Same Judge Honourable Mr. Justice Sathish Ninan

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