TR.P(C) NO. 143 OF 2025 1 2025:KER:25470 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 TR.P(C) NO. 143 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN OS NO.158 OF 2023 OF ADDITIONAL MUNSIFF COURT,CHERTHALA PETITIONER/ 1st DEFENDANT : GEORGE KURIEN AGED 59 YEARS S/O. (LATE) KURIEN, KATTUTHARA HOUSE, PALLIPPURAM P.O, ALAPPUZHA- 688 541, PIN - 688541 BY ADVS. S.SABARINADH INDULEKHA JOSEPH RESPONDENT/PLAINTIFFS & 2ND DEFENDANT: 1 JOY KURIEN AGED 68 YEARS S/O. (LATE) KURIEN,KATTUTHARA HOUSE, THYKKATTUSSERY VILLAGE, THYKKATTUSSERY P.O., NADUBHAGAM MURI, THYKKATTUSSERY PANCHAYATH, WARD NO.11, PIN - 688528 2 JOSE KURIEN AGED 62 YEARS S/O. (LATE) KURIEN, KATTUTHARA HOUSE, CHERTHALA MUNICIPALITY, WARD NO.5, PIN - 688528 3 THOMAS KURIEN AGED 57 YEARS S/O. (LATE) KURIEN, KATTUTHARA HOUSE, PALLIPPURAM P.O, PALLIPPURAM, PIN - 688541 TR.P(C) NO. 143 OF 2025 2 2025:KER:25470 BY ADV ROY CHACKO THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.P(C) NO. 143 OF 2025 3 2025:KER:25470 ORDER Dated this the 25th of March, 2025 The petitioner is the 1st defendant in O.S.No.158/2023 on the files of the 2nd Additional Munsiff Court, Cherthala. The 1st and 2nd respondents are the plaintiffs. The suit is filed for partition with respect to the immovable properties of late Fr.Kuriakose Kattuthara. The petitioner and his wife filed O.S.No.52/2024 before the Sub Court, Cherthala seeking declaration of title and possession of petitioner’s wife over 40 Ares of land and Tharavadu situated therein and for permenent prohibitory injunction against respondents and for other reliefs. The present suit O.S.No.158/2023 is pending before the 2nd Additional Munsiff Court, Cherthala. 2. The petitioner submits that the subject matter of these suits are the same and the matter mostly pertains to the same plot of land, hence, the petitioner seeks transfer of O.S.No.158/2023 from the Court of 2nd Additional Munsiff, Cherthala to Sub Court, Cherthala wherein O.S.No.52/2024 is pending. 3. Sri.Roy Chacko, the learned counsel appears for respondents 1 and 2. A memo has been produced evidencing the service of notice to respondents 1 and 2 by the learned counsel appearing for the 3rd respondent. 4. Having heard the learned counsel for the petitioner and the learned counsel for the respondent and taking TR.P(C) NO. 143 OF 2025 4 2025:KER:25470 note of the fact that the subject matter in the suits are the same, I deem it appropriate to transfer O.S.No.158/2023 from the Court of 2nd Additional Munsiff Court, Cherthala to Sub Court, Cherthala to be tried along with O.S.No.52/2024 pending therein. In the result, Tr.P.C.No.143/2025 stands allowed, withdrawing O.S.No.158/2023 pending before the 2nd Additional Munsiff Court, Cherthala, and transferring it to the Sub Court Cherthala. The transferor Court shall transfer the records to the transferee court and transferee court shall dispose of the case in accordance with the law. The parties are directed to appear before the Sub Court, Cherthala on 22.05.2025. sd/ BASANT BALAJI JUDGE jm/ TR.P(C) NO. 143 OF 2025 5 2025:KER:25470 APPENDIX OF TR.P(C) 143/2025 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF PLAINT IN O.S. NO. 158/2023 DATED 27.03.2023 PENDING BEFORE THE COURT OF 2ND ADDITIONAL MUNSIFF, CHERTHALA Annexure A2 A TRUE PHOTOCOPY COPY OF THE INJUNCTION ORDER DATED 28.03.2023 IN O.S.NO.158/2023 OF MUNSIFF COURT, CHERTHALA Annexure A3 A TRUE COPY OF PLAINT IN O.S.NO.52/2024 DATED 16.12.2024 PENDING BEFORE HON’BLE SUB-COURT CHERTHALA