Kerala High Court
M.Y Chacko vs Soosannamma John on 16 August, 2011
Author: K.M.Joseph
Bench: K.M.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH
&
THE HONOURABLE MR.JUSTICE K.HARILAL
WEDNESDAY, THE 1ST DAY OF AUGUST 2012/10TH SRAVANA 1934
Tr.P(C).No. 317 of 2012 ()
--------------------------
AS.184/2011 of ADDITIONAL DISTRICT COURT, KOTTAYAM
PETITIONER(S):
-------------
M.Y CHACKO, AGED 60 YEARS,
S/O. YOHANNAN, MULAVELI,
VENPALA P.O, VENPALA MURI,
KUTTOOR VILLAGE, THIRUVALLA TALUK.
BY ADVS.SRI.N.ASHOK KUMAR
SRI.R.SANTHOSH BABU
RESPONDENT(S):
--------------
1. SOOSANNAMMA JOHN, AGED 67 YEARS,
W/O. JOHN M.C, MURINGASSERRY HOUSE,
MEENTHALAKKARA KARA, MANJADI PO.,
KUTTAPUZHA VILAGE, THIRUVALLA TALUK.
2. T.V. VARKEY, AGED ABOUT 72 YEARS,
RESIDING AT USHA VILLA, TEAPINI JUNCTION,
THOTTAPUZHASSERRY KARA,KUTTAPUZHA VILAGE,
THIRUVALLA TALUK.
3. ANTONY VARGHESE, AGED ABOUT 48 YEARS,
RESIDING AT PERUVAPARAMBIL, THRIKODITHANAM KARA,
AND VILLAGE CHANGANACHERRY.
4. ALEYAMMA THOMAS
W/O.M.C.THOMAS, MURINGASSERIL HOUSE, VALLAMKULAM
THIRUVALLA NOW RESIDING AT 45 VIEW HILL ROAD
KOTTAGIRI, NEELAGIRI, TAMIL NADU-643217.
5. THOMAS JACOB
S/O.M.C.THOMAS, 88 YUK TONG AVENUE, SINGAPORE.
6. MARY MATHEW
D/O.M.C.THOMAS, TOP HILL FACTORY, KIL KOTTAGIRI
NEELAGIRI TAMIL NADU-643217.
7. ANNIE MARETTE
D/O.LATE M.C.THOMAS, 16 WARAWEE AVENUE, WARAWEE 2074
SYDNEY, N.S.W., AUSTRALIA.
8. LISSA THOMAS
D/O.M.C.THOMAS, 45-VIEW HILL ROAD, KOTTAGIRI
NEELAGIRI, TAMIL NADU-643217.
BY ADV. SRI. SHAIJAN. C. GEORGE
THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01-08-2012, ALONG WITH TPC. 319/2012, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
Tr.P(C).No. 317 of 2012
APPENDIX
PETITIONER'S EXHIBITS:
Annexure-1 : COPY OF THE MEMORANDUM OF APPEAL IN A.S. NO.184/2011-
DISTRICT COURT, KOTTAYAM DATED 16.8.2011
Annexure-2 : COPY OF THE MEMORANDUM OF APPEAL IN A.S. NO.189/2011-
DISTRICT COURT, KOTTAYAM DATED 16.8.2011
Annexure-3 : COPY OF THE COMMON JUDGMENT IN O.S. NOs.120/02, 145/03,
46/2005 AND 174/05 DATED 14/6/2011 OF ADDL. SUB COURT,
KOTTAYAM.
Annexure-4 : COPY OF THE APPEAL MEMORANDUM IN RFA.NO.609/2011 OF
THIS HON'BLE COURT.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
sou.
K. M. JOSEPH & K. HARILAL, JJ
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Tr.P(C). No. 317 OF 2012
&
Tr.P(C). No. 319 OF 2012
------------------------------------------
Dated this the 1st day of August, 2012
O R D E R
Two transfer petitions being connected together, we dispose of the same by common judgment. Petitioner in both the cases is the appellant in A.S.184 of 2011 and A.S.189 of 2011, both filed before the Second Additional District Court, Kottayam.
2. Four suits were tried together by Additional Sub Court, Kottayam, of which three were made over to the Sub Court from the Munsiff Court. Three appeals have been filed. One appeal filed by the appellant has been numbered as RFA.609 of 2011, which is admitted. These transfer petitions were filed for transferring A.S.184 of 2011 and A.S.189 of 2011 on the files of Second Additional District Court, Kottayam so that these are heard along with R.F.A.No.609 of 2011. It is submitted that the property involved is the same and parties are all the same.
3. We have heard learned counsel for respondents. They have no objection for the said appeals being transferred to this Tr.P(c). Nos.317/11& 319/11 2 court.
4. Accordingly, we allow the Transfer petitions and A.S.184 of 2011 and A.S. 189 of 2011 on the file of Second Additional Sub Court, Kottayam are transferred to this court for hearing along with R.S.A.609 of 2011.
Sd/-
K. M. JOSEPH, JUDGE Sd/-
K. HARILAL, JUDGE.
Sou.
// True copy // P.A. to Judge