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Komalam

High Court Of Kerala|11 November, 2014
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JUDGMENT / ORDER

Ramachandran Nair, J. The appellant was the petitioner before the learned Single Judge in Transfer Petition (C) No.148 of 2014. Altogether 3 cases namely, O.P.No.1455/2012, O.P.No.2297/2011 and O.P.No.297/2012 are pending before the Family Court, Thrissur. Another matter wherein she figures as a litigant is a claim petition filed as I.A.No.10084/2012 in O.S.No.223/2012 before the Sub Court, Thrissur. The said civil suit was filed by the 2nd respondent, who is a purchaser from the 1st respondent husband. The learned counsel for the appellant submitted that the said claim petition will also have to be transferred to the Family Court; whereas the learned counsel for the 2nd respondent submitted that the 2nd respondent is not a party to the 3 cases mentioned above. It is also submitted that the rights of the appellant have been safeguarded by the direction issued in para.3 of the order in Transfer Petition (C) No.148 of 2014 to the Tr.Appeal No.02 of 2014 2 effect that the claim petition shall be taken up for consideration after the disposal of the marital disputes by the Family Court, Thrissur.
2. The learned counsel for the appellant submitted that if all the 4 cases are tried together, then it would serve a definite purpose so that a uniform decision will be there. What we find is that the suit O.S.223/2012 is one filed by the 2nd respondent and he is not a party to the other 3 cases.
3. The learned counsel for the appellant then submitted that before the Execution Court O.S.223/2012 is now at the execution stage where an order for delivery has been passed by the Execution Court. It is up to the appellant to move the Execution Court for any orders.
With the above observations this appeal is dismissed.
Sd/-
T.R.RAMACHANDRAN NAIR Judge rtr/ /true copy/ Sd/-
P.V.ASHA Judge P.S to Judge
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Title

Komalam

Court

High Court Of Kerala

JudgmentDate
11 November, 2014
Judges
  • T R Ramachandran Nair
  • P V Asha
Advocates
  • Sri