IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH JUNE 2010 / 20TH JYAISTHA 1932 Tr.P(C).No. 116 of 2010() ------------------------- OS.713/2009 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONERS: -------------------- 1. T.F.GEORGE, S/O.T.C.FRANCIS, AGED 61, THENAMPARAMBIL HOUSE, THENAMPARAMBIL CHECKACHAN ROAD, COCHIN 16, ERNAKULAM VILLAGE, KANAYANNUR TALUK. 2. T.F.MARIYAN, S/O.T.C.FRANCIS, AGED 59, THENAMPARAMBIL HOUSE, THENAMPARAMBIL CHECKACHAN ROAD, COCHIN 16, ERNAKULAM VILLAGE, KANAYANNUR TALUK. BY ADV. SRI.K.C.CHARLES SRI.M.POLY MATHAI SRI.P.CHELLAPPAN SRI.HARI MENON SRI.VIMAL K.CHARLES SMT.A.T.RENJU RESPONDENT(S): --------------- 1. TITUS N.F., S/O.N.T.FRANCIS, AGED 39, NEDUMPARAMBIL HOUSE, POYYA VILLAGE, P.O.POYYA, PIN 680733, THRISSUR DISTRICT. 2. T.F.JOSEPH @ SUNNY, S/O.T.C.FRANCIS, AGED 57, TCC 38/160, THENAMPARAMBIL CHECKACHAN ROAD, KARSHAKA ROAD, COCHIN 16, ERNAKULAM VILLAGE, KANAYANNUR TALUK. 3. MARY FRANCIS, W/O.T.C.FRANCIS, AGED 90, THENAMPARAMBIL HOUSE, THENAMPARAMBIL CHECKACHAN ROAD, COCHIN 16, ERNAKULAM VILLAGE, KANAYANNUR TALUK. 4. BABY @ MARY, D/O.T.C.FRANCIS AND W/O.P.T.ANTONY, AGED 54, PUTHIYAKALATHIL HOUSE, CHANDIROOR P.O., VELLUTHULLY SOUTH ROAD, CHERTHALA TALUK, ALLEPPEY 47. Tr.P.(C) NO.116/2010 2 5. T.F.FRANCIS, S/O.T.C.FRANCIS, AGED 49, THENAMPARAMBIL HOUSE, THENAMPARAMBIL CHECKACHAN ROAD, COCHIN 16, ERNAKULAM VILLAGE, KANAYANNUR TALUK. 6. ELSY PETER, W/O.K.V.PETER, AGED 65, KOTTEPARAMBIL HOUSE, LAILA BAKERY ROAD, EDAYAKKUNNAM, SOUTH CHITTOOR, CHERANELLOOR, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 7. PAULY FRANCIS, W/O.FRANCIS, AGED 61, PALATHINKAL ROAD, P.O. POYYA, MALA, THRISSUR DISTRICT. 8. ANATHASIA AUGUSTINE (JIMMY), W/O.P.M.AUGUSTINE, PANACKAL HOUSE, ANGLO INDIAN SCHOOL ROAD, VADUTHALA 23, CHERANELLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. ADV. SRI.P.V.GEORGE(PUTHIYIDAM) FOR R5 SRI.BABU CHERUKARA FOR R2 SRI.R.DIVAKARAN FOR R6 THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P(C) No.116 of 2010 -------------------------------------- Dated this the 10th day of June, 2010. ORDER Respondent No.2 appears through counsel. Respondent No.5 also has entered appearance. Other respondents are served but there is no response. 2. This petition is for transfer of O.S.No.713 of 2009 pending in the court of learned Munsiff, Kodungallur to the court of learned Additional Sub Judge-I, Ernakulam where O.S.No.922 of 2009 is pending. Learned counsel on both sides state that both suits are for partition of properties which belonged to same person but situated within the jurisdictional limits of the courts stated above. Counsel for respondent No.5 has no objection in allowing transfer as requested for. 3. Both the suits being for partition of properties belonging to the same person under whom parties claim right, it is proper that both suits are tried and disposed of by same court. Resultantly this petition is allowed and O.S.No.713 of 2009 pending in the court of learned Munsiff, Kodungallur is withdrawn from that court and transferred to the court of learned Additional Sub Judge-I, Ernakulam where O.S.No.922 of 2009 is pending. The transferor court shall, while transmitting records of the case to the transferee court fix date for appearance of the parties Tr.P(C)No.116/2010 2 in the transferee court with due intimation to the counsel on both sides. Question whether both the suits are to be tried jointly is left open for the decision of learned Additional Sub Judge. I.A.No.1014 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks