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2022 Supreme(Ker) 757

C.S.DIAS
Hindustan Petroleum Corporation Ltd. – Appellant
Versus
Muhammed Illiyas – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.Gopikrishnan Nambiar, K.John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham, Raja Kannan
For the Respondent: P. Thomas Geeverghese., Adv.

JUDGMENT :

The original petition is filed to set aside the order in I.A 5/2021 in O.S.407/2017 (Ext.P3) passed by the Court of the Munsiff, Perumbavoor.

2. The petitioners are the defendants in the above suit, filed by the respondents, inter-alia, for a decree to direct the petitioners to give vacant possession of the plaint 'A' and 'B' schedule properties to them. The plaint schedule property was initially leased by late Sri.T.P.Marakkar, the father of the respondents 1 to 5 and the husband of the 6th respondent. There were earlier rounds of litigation between the parties, which finally culminated in RSA No.145/2012 of this Court. The respondents have filed Ext.P1 plaint before the above Court. The Commercial Courts Act, 2015 (for short 'Act') was notified by the Government of Kerala, in accordance with Section 3(1) of the Act, on 24.2.2020 in the official gazette on 5.3.2020. On the publication of the notification, the civil court’s jurisdiction to try the suit involving a commercial dispute stands ousted. As the suit was not transferred as envisaged under Section 15 (2) of the Act, the petitioners had filed Ext.P2 application before the court below to transfer the suit to the Comm

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