Ramachandran Nair , J.,
The petitioner has filed this Transfer Petition to withdraw O.P.No.488/2013(Ann.A1) and all petitions, records thereto, including I.A.No.393/139Annx.A6), from the files of the Family Court, Pala and transfer the same to the Family Court, Kottayam at Ettumannoor, in order to have a joint trial of the said case with O.P.Nos.688/2012, 366/2013 and M.C.No.280/2012 pending before that Court.
2. By a reference order dated 29th October 2013, the matter was referred to the Division Bench to consider the question that in exercise of the power under Section 24 of the Code of Civil Procedure the Transfer Petition can be maintained, even if one of the O.Ps have been dismissed for default and the application for restoration is pending.
TR.P.(C) No.551/2013 2
3. Learned counsel for the petitioner submitted that O.P.488 of 2013 has been restored to file in the Family Court Pala. Learned counsel appearing for the respondents submitted that he has no objection in allowing the Transfer Petition.
Accordingly, we allow the Transfer Petition and O.P.488 of 2013 pending before the Family Court, Pala which is transferred to Family Court at Ettumannor will be tried along with O.P. Nos. 688/2012, 366/2013 and M.C.No.280/2012. Since O.P.488 of 2013 was restored to file, it is not necessary to decide the question referred before the Division Bench as regards the parties herein.
Sd/-
T.R.RAMACHANDRAN NAIR (JUDGE) AL/-
Sd/- P.V.ASHA (JUDGE) True copy P.A to Judge TR.P.(C) No.551/2013 3