IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Tr.P(C).No. 159 of 2009() ---------------------------------- OP.266/2009 of FAMILY COURT, MALAPPURAM .................... PETITIONERS -------------------- 1. BAIJU K.JOSE, S/O. JOSE, KANNAMKUNNI HOUSE, CHEEKKODE AMSOM DESOM, OMANOOR, ERNAD TALUK, MALAPPURAM DISTRICT, NOW RESIDING AT: KANNAMKUNNI HOUSE, PULLIPARAKUNNU DESOM, MANAKULANGARA P.O.KODAKARA, THRISSUR DISTRICT. 2. BABY K.N., AGED 60 YEARS, W/O. JOSE, KANNAMKUNNI HOUSE, CHEEKKODE AMSOM DESOM, OMANOOR, ERNAD TALUK, MALAPPURAM DISTRICT, RESIDING AT: KANNAMKUNNI HOUSE, KALLATTUMKARA P.O., THRISSUR DISTRICT. 3. JOSE, AGED 64 YEARS, S/O. DEVASSY, KANNAMKUNNI HOUSE, CHEEKKODE AMSOM DESOM, OMANOOR, ERNAD TALUK, MALAPPURAM DISTRICT, RESIDING AT: KANNAMKUNNI HOUSE, KALLATTUMKARA P.O., THRISSUR DISTRICT. BY ADV. MR.RAJESH CHAKYAT RESPONDENT(S): ------------------------ SHYBI, AGED 30 YEARS, D/O. PHILIP, VALIYIL HOUSE, PANHAL AMSOM DESOM, THALAPPALLI TALUK, THRISSUR DISTRICT. BY ADV. MR.SAJU.S.A THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------- Tr.P.C.No.159 OF 2009 -------------------------- Dated this the 6th day of July 2009 ------------------------------------- JUDGMENT The learned counsel for the petitioner submits that after filing of this petition an exparte decree has been passed by the Family Court in the O.P No.266/2009, which is sought to be transferred under this petition. That being so, the petition has became infructuous. In case the exparte decree is set aside, for which, it is submitted, petitioner has already filed an application he can move afresh for transfer, if need be. The writ petition is closed with the above observation. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv