IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 Mat.Appeal.No. 344 of 2010(G) ---------------------------- OP.1150/2009 of FAMILY COURT,ERNAKULAM .................... APPELLANT/RESPONDENT NO.3 ---------------------------------------- T.VENUGOPALAN, AGED 42 YEARS, S/O. M.THANKAVELU CHETTIAR, PERUMPILLY VEEDU, IX/1299, LAKSHMI ILLAM, NAZRATH, RAMESWARAM VILLAGE, KOCHI TALUK, MATTANCHERY P.O., KOCHI-682 002. BY ADV. SRI.SHAJI P.CHALY SMT.K.S.SUMITHA RESPONDENTS : PETITIONER/RES. 1 AND 2 -------------------------------------- 1. DEVI AYYAPPAN, AGED 24 YEARS, W/O. M.MANI AYYAPPAN, III/29 A, MURUKKANTHARA PARAMBU, CHOTTANIKKARA DESOM, KUREEKKADU VILLAGE, CHOTTANIKKARA P.O., KANAYANNUR TALUK, ERNAKULAM DISTRICT. 2. M.MANI AYYAPPAN, AGED 33 YEARS, S/O. MALAYIL SWAMY, III/29 A, MURUKKANTHARA PARAMBU, CHOTTANIKKARA DESOM, KANAYANNUR TALUK, KUREEKKADU VILLAGE, CHOTTANIKKARA P.O., ERNAKULAM DISTRICT. 3. GOVINDA RAJ @ RAJAN, AGED 33 YEARS, S/O. VASU CHETTIYAR, MURUKKUMTHARAPARAMBIL HOUSE, EWS 396, GANDHI NAGAR, ELAMKULAM DESOM, KANAYANNUR TALUK, ERNAKULAM DISTRICT. ADV. SRI.K.T.SHYAMKUMAR FOR R2 SRI.HARISH R. MENON FOR R2 SRI.VARGHESE C.KURIAKOSE FOR R1 SRI.ARJUN S.RAJ FOR R1 THIS MATRIMONIAL APPEAL HAVING BEEN FINALLY HEARD ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** C.M.Appl.No.980 of 2010 & Mat.Appeal No.344 of 2010 ********************* Dated this the 29th day of June, 2010 ORDER/JUDGMENT BASANT, J. Heard. The learned counsel for the respondents have entered appearance. The application is not opposed. We are satisfied that a lenient view can be taken and the delay can be condoned. 2. Petition allowed. Delay condoned. Mat.Appeal No.344 of 2010 The learned counsel for the respondents have already entered appearance. The learned counsel for the appellant prays and the learned counsel for the respondents agree that O.S.No.796 of 2009 pending before the 1st Additional Munsiff's Court, Ernakulam, can be ordered to be transferred to the Family Court as the dispute raised in that case is integrally connected with the dispute which is raised in O.P.No.1150 of 2009. If that is done, no further directions are necessary, it is submitted. Mat.Appeal No.344 of 2010 2 2. This Matrimonial Appeal is, in these circumstances, allowed in part. The impugned order is upheld. There shall be a direction to transfer O.S.No.796 of 2009, pending before the 1st Additional Munsiff's Court, Ernakulam, to the Family Court, Ernakulam, as agreed by all concerned for consideration and disposal along with O.P.No.1150 of 2009. The learned Munsiff shall forthwith transmit the records to the Family Court immediately such that the records shall be available before the Family Court well before 15.07.2010, to which date O.P.No.1150 of 2009 now stands posted. 3. Registry shall communicate the order forthwith to the 1st Additional Munsiff's Court, Ernakulam and the Family Court. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ Mat.Appeal No.344 of 2010 3 R.BASANT & M.C.HARI RANI, JJ. ********************** C.M.Appl.No.980 of 2010 & Mat.Appeal No.344 of 2010 ********************* Dated this the 8th day of June, 2010 ORDER BASANT, J. Heard. Issue notice in both to the respondents. The learned counsel for the petitioner/appellant is permitted simultaneously to give notice to the learned counsel for the respondents, who is appearing before the Family Court. 2. We take note of the submission of the learned counsel for the petitioner/appellant that the appellant shall have no grievance if the suit filed by him pending before the Munsiff's Court as O.S.No.796 of 2009 is ordered to be transferred to the Family Court for consideration and disposal along with O.P.No.1150 of 2009. 3. Verify service and call on 29.06.2010. (R.BASANT, JUDGE) Mat.Appeal No.344 of 2010 4 (M.C.HARI RANI, JUDGE) rtr/ Mat.Appeal No.344 of 2010 5