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Ramabhadran vs Bindu R cites

Preeti Yohannan vs Abraham K Mathew on 19 December, 2012

In this regard attention of this court is drawn to a decision of this court in Preeti Yohannan v. Abraham K.Mathen (2012 O.P. (FC) No.393 of 2015 -:4:- (3) KHC 76). A learned Judge of this court in the said case held that, separate and independent proceedings like dissolution of marriage, declaration of guardianship, recovery of money, custody of minor child etc. even if between the same parties, cannot be sought to be transferred by way of a single transfer petition. It is pertinent to note that, petition for transfer of a case pending before a subordinate court is filed under Section 24 of the Code of Civil Procedure, 1908. The Rules governing such petitions filed under Section 24 CPC is Rule 57 of the Civil Rules of Practice. But in the case at hand the original petition is not filed under Section 24 CPC. but the same is instituted under Artile 227 of the Constitution of India, invoking the supervisory jurisdiction vested on this court. The procedure for filing such original petition, which is coming within powers vested on this court by virtue of provisions of the Constitution, is governed only by the High Court Rules. There is no provision restraining a party from challenging two or more different orders passed by O.P. (FC) No.393 of 2015 -:5:- any subordinate court in connected cases in a single original petition, especially when the parties are more or less same. At the most the petitioner in such cases can be insisted upon for payment of separate court fee with respect to each of the orders under challenge.
Kerala High Court Cites 0 - Cited by 1 - V Chitambaresh - Full Document
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