E.Gopalan v. Sujatha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 Tr.P(C).No. 74 of 2014 () -------------------------- TRANSFER O.P. NO. 1784/2013 OF FAMILY COURT, ATTINGAL TO FAMILY COURT, THIRUVANANTHAPURAM.

....

PETITIONER(S):

-------------------------- E. GOPALAN, S/O.ESRAEL, AGED 67 YEARS, KIZHKKEKUNNUVILA VEEDU, AGASTHYA SIDHA VAIDYASALA, THOZHUKKAL P.O., NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.VINOD J.DEV, SRI.PRAMOD J.DEV.

RESPONDENT(S):

---------------------------- SUJATHA, D/O.SUBHADRA, AGED 50 YEARS, SYAMJITH BHAVAN, MUDAPARAM P.O., KIZHUVILLAM VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT- 695 304.

BY ADVS. SRI.G.P.SHINOD, SRI.RAM MOHAN.G., SRI.MANU V., SRI.GOVIND PADMANAABHAN.

THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Tr.P(C).No. 74 of 2014 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE I COPY OF THE ORIGINAL PETITION NO.1784/2013 BEFORE THE FAMILY COURT, ATTINGAL FILED BY THE RESPONDENT. ANNEXURE II COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN O.P. NO.1784/2013.

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Tr.P.(C) No.74 of 2014 ````````````````````````````````````````````````````````````` Dated this the 29th day of July, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner seeks for the transfer of O.P.No.1784/2013 filed by the respondent before the Family Court, Attingal seeking for a declaration that the property belongs to her, to the Family Court, Nedumangad. According to the petitioner, the petitioner is residing within the jurisdiction of the Family Court, Nedumangad and the property is also situated within the jurisdiction of the Family Court, Nedumangad.

2.

Heard learned counsel for the petitioner and learned counsel for the respondent.

3.

Learned counsel for the respondent has fairly conceded that the respondent is not standing in the way of a transfer as prayed for. On going through the facts and circumstances of the case, this Court is satisfied that it is

TrPC.74/2014 : 2 :

just and convenient in the interest of justice to transfer O.P.No.1784/2013 filed by the respondent before the Family Court, Attingal to the Family Court, Nedumangad. In the result, this Tr.P.(C) is allowed and O.P.No.1784/2013 of the Family Court, Attingal is ordered to be transferred to the Family Court, Nedumangad. Sd/- (B.KEMAL PASHA, JUDGE) aks/29/07 // True Copy // PA to Judge