IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Tr.Appeal(C).No. 10 of 2007(T) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN TPC.291/2006 Dated 02/01/2007 .................... APPELLANTS/RESPONDENTS IN T.R.P.(C) ---------------------------------------------------- 1. ALEX T.KOSHY, KEERIKUZHY ELAMTHOTTATHIL VEETTIL, PARANTHAL P.O., PANDALAM THEKKEKKARA VILLAGE. 2. KOCHU KOSHY, KEERIKUZHY ELAMTHOTTATHIL VEETTIL, PARANTHAL P.O., PANDALAM THEKKEKKARA VILLAGE. BY ADV. SRI.B.MOHANLAL RESPONDENTS: PETITIONER IN THE T.R.P.(C) ---------------------------------------- BINDU ALEX, D/O.JOYKUTTY, ST.MARY'S BUNGLOW, PADINJATTKIZHAKUM MURI, SOORANAD NORTH VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL THIS TRANSFER APPEAL(CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- T.R.Appeal No.10 of 2007 ----------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT Kurian Joseph,J. This is an appeal filed by the respondents in Transfer Petition (C)No.291/2006. By the judgment under appeal, the learned single Judge transferred all the four cases between the parties namely, M.C.No.212/2004, O.P.No.1027/2005, O.S.No.572/2005 and O.P.(G & W)No.80/2006. This appeal is filed on the ground that the grounds alleged for transfer did not actually exist. During the pendency of the appeal, though this court made several attempts for purchasing peace between the parties it is unfortunate that we could not succeed; hopefully time will cure the issue. Apparently with a view to granting some more time to the parties for better wisdom we suggested that the matters can be considered on merits by the Family Court. Sri.Vinoy Varghese, learned counsel for the respondent/transfer petitioner submitted that in view of the intervening developments he may be permitted to withdraw the transfer petition. Though the submission came towards the final stage of the hearing, we find that in the interests of justice and in the interests of the T.R.A.NO.10/2007 -:2:- parties the request has to be granted. Accordingly we set aside the judgment in Transfer Petition No.291/2006 and dismiss the petition as withdrawn. The appeal is allowed as above. 2. It is brought to our notice that during the pendency of the transfer appeal the Family Court, Kottarakkara had already transferred the cases to the Family Court, Thiruvalla and those cases are re-numbered as O.P.Nos.226 to 228/2007 and 127/2007. Since the transfer petition itself is dismissed as withdrawn we direct the Family Court, Thiruvalla to forthwith re- transfer the records to the Family Court, Kottarakkara and the Family Court, Kottarakkara will dispose of the cases within a period of six months from today. (KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) ahg. KURIAN JOSEPH & HARUN-UL-RASHID, JJ. --------------------------- T.R.Appeal No.10 of 2007 ---------------------------- JUDGMENT 8th February, 2008