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2025 DAILYLAW 3963 (KER)

VAKKACHAN ABRAHAM v. BAIJU KALYANI

Tr.P(C)/142/2025 · 2025-04-02

Basant Balaji

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 TR.P(C) NO. 142 OF 2025 OS NO.367 OF 2024 OF MUNSIFF COURT,ALUVA PETITIONER: VAKKACHAN ABRAHAM AGED 74 YEARS S/O. LATE ABRAHAM, KALAPPARAMBATH PATHADAN HOUSE, ELAVOOR PO, ANGAMALY, PIN - 683572 BY ADVS. AYPE JOSEPH MERIN ROSE RESPONDENT: BAIJU KALYANI AGED 44 YEARS S/O. LATE KALYANI, MUTHUPARAMBIL (KOVATTU) HOUSE, PALUPPUZHA DESOM, ELAVOOR PO, ANGAMALY, PIN - 683572 THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: TR.PC 142/25 -2- 025:KER:29325 O R D E R (Dated this the 2 nd day of April, 2025) This Transfer Petition has been filed seeking a transfer of OS. No.367 of 2024, pending before the Munsiff Court, Aluva, to Munsiff Court, Muvattupuzha. 2. The petitioner is the defendant in OS No.367/2024. The respondent filed the above suit before the Munsiff Court, Aluva, for a decree seeking a declaration that the respondent/plaintiff is the son of the petitioner, born out of the relationship between the defendant and the mother of the plaintiff, and for other reliefs. 3. The case of the petitioner is that he is a lawyer at Aluva, and is a senior citizen also. The counsel for the petitioner contends that the above suit is filed only to harass the petitioner, and thus he prays that OS No.367/2024 pending before the Munsiff Court, Aluva, be transferred to the Munsiff Court, Muvattupuzha. TR.PC 142/25 -3- 025:KER:29325 4. Notice issued from this Court has been served on the respondent, and none appears. Thus, it can be seen that the averments in the Transfer Petition stands unchallenged, which entitles the petitioner an order from this Court. Thus, in the light of the uncontroverted averments in the memorandum of transfer petition, and also the fact that the petitioner is a senior citizen, I deem it appropriate to allow this Transfer Petition. In the result, OS No.367/2024 pending before the Munsiff Court, Aluva, is withdrawn and transferred to the Munsiff Court, Muvattupuzha. The Munsiff Court, Aluva, shall immediately transfer the records to the Munsiff Court, Muvattupuzha. On receipt of the records, the Munsiff Court, Muvattupuzha, shall issue notice to the parties and dispose of the case in accordance with law. Sd/- BASANT BALAJI JUDGE JS TR.PC 142/25 -4- 025:KER:29325 APPENDIX OF TR.P(C) 142/2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE PLAINT IN OS. 367/2024, ON THE FILE OF HON’BLE MUNSIFF COURT ALUVA