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High Court of KeralaTr.P(C)/40/2015dismissed

Salomi @ Salomma Job v. Joy Joseph

2015-06-30Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 Tr.P(C).No. 40 of 2015 () -------------------------- TRANSFER THE O.P. NO.563/2014 OF FAMILY COURT, PALA TO THE FAMILY COURT, ETTUMANOOR.

.....

PETITIONER(S):

-------------------------- SALOMI @ SALOMMA JOB, AGED 48 YEARS, W/O.JOY JOSEPH, THULUSSERIL HOUSE, MUTTUCHIRA P.O., ERAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT - 686 613.

BY ADV. SRI.B.RAMACHANDRAN.

RESPONDENTS:

------------------------

1. JOY JOSEPH, AGED 52 YEARS.

S/O.JOSEPH, THULUSSERIL HOUSE, MUTTUCHIRA P.O., ERAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT - 686 613.

2. JOSEPH @ OUSEPH JOSEPH, AGED 81 YEARS, S/O.OUSEPH, THULUSSERIL HOUSE, MUTTUCHIRA P.O., ERAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT - 686 613.

3. ELEYAMMA JOSEPH, AGED 76 YEARS, W/O.JOSEPH, THULUSSERIL HOUSE, MUTTUCHIRA P.O., ERAVIMANGALAM KARA, MANJOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT - 686 613.

4. BENNY JOSEPH, AGED 49 YEARS, S/O.JOSEPH, ANUGRAHA, MARKET ROAD, NEAR MISSION SCHOOL, THRIPUNITHURA, PIN - 682 301.

5. SHOJI JOSEPH, AGED 47 YEARS, W/O.BENNY JOSEPH, ANUGRAHA, MARKET ROAD, NEAR MISSION SCHOOL, THRIPUNITHURA, PIN - 682 301. R2 TO R5 BY SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE. ADVS. SMT.S.AMBILY, SRI.ARUN ANTONY, SMT.K.V.SHENU.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Tr.P(C).No. 40 of 2015 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 COPY OF THE O.P. NO. 1003/2014 DATED 13/09/2014 FILED BEFORE THE FAMILY COURT, KOTTAYAM AT ETTUMANOOR. ANNEXURE A2 COPY OF THE NOTICE DATED 15/12/2014 ISSUED TO THE PETITIONER.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

B.KEMAL PASHA, J.

................................................................ Tr.P.(C) No.40 of 2015 ............................................................... Dated this the 30th day of June, 2015

O R D E R

Petitioner seeks for the transfer of OP 563/2014 pending before the Family Court, Pala to the Family Court, Ettumanoor. It seems that the matter was earlier pending before the Family Court, Ettumanoor. It was on administrative grounds, the matter was transferred from the Family Court, Ettumanoor to the Family Court, Pala. 2.

On hearing either side, it has come out the matter was so transferred at the request forwarded by the learned Family Court, Judge, Ettumanoor. Still the very same officer continues. When the matter has been transferred at the request of the concerned Judge, the request for re-transfer

Tr.P.(C) 40 of 2015 -: 2 :- cannot be entertained.

In the result, this Transfer Petition is dismissed. It is made clear that in the event of the change of Presiding Officer, this order will not stand in the way of the petitioner in again approaching this Court with the said request. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge