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2018 Supreme(Ker) 740

K.HARILAL, ANNIE JOHN
Sainudeen S/o. Kunhi Pocker – Appellant
Versus
Shareefa K. M. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. P.B. Ajoy
For the Respondents: Smt. N. Deepa, Sri. R. Krishnakumar (Cherthala), Sri. Vijai Mathews

JUDGMENT :

K. Harilal, J.

This Transfer Appeal (Civil) has been filed challenging the order passed by the Single Bench of this Court in Tr.P(C).No.83/2017 filed by the first respondent herein. As per the impugned order, O.S.No.119/2014 of the Munsiff Court, Tirur has been withdrawn and transferred to the Family Court, Tirur to be tried along with O.P.No.85/2016 filed by the respondents 1 to 3 herein. O.S.No.119/2014 of the Munsiff Court, Tirur was filed by the appellant herein, against the respondents, seeking a decree to recover the plaint schedule property on the strength of the appellant's title, from the possession of the respondents 1 to 3 herein and if they refuse to abide the decree and vacate the plaint schedule property, allowing him to recover the same through the process of the court. The respondents 1 and 4 herein are the wife and husband respectively and respondents 2 and 3 are their children.

2. According to the averments in the Original Suit No.119/2014, the 4th respondent pronounced Talaq and thereby divorced the first respondent. The 4th respondent has executed a sale deed with respect to the plaint schedule property in favour of the appellant herein, and subsequently


























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