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2023 Supreme(Online)(KER) 19481

HIGH COURT OF KERALA
C.S. DIAS, J
SUBHADRA
– Appellant
Versus

SREELATHA – Respondent


Advocates:
S.SHANAVAS KHAN S.INDU

ORDER

The transfer petition is filed under Section 24 of the Code of Civil Procedure, 1908 (in short, "Code"), seeking to transfer O.S.No.192/2022 from the Court of the Munsiff, Mavelikkara to the Family Court, Mavelikkara.

2. The petitioner's case in brief, in the memorandum of transfer petition is that, she has filed O.S.No.192/2022 against the respondents for a decree of permanent prohibitory injunction, to restrain them from forcefully evicting her from the plaint schedule property. The 1st respondent has filed O.P. No.1049/2022 (Ext.P2) before the Family Court, Mavelikkara. As the issues in Exts.P1 and P2 are intrinsically connected, it would be just and convenient that both the cases be consolidated and jointly tried by the same court. No inconvenience would be caused to the respondents in Ext.P1 being transferred. Hence, the transfer petition.

3. Heard; Smt.S.Indu, the learned counsel appearing for the petitioner.

4. This Court in Sainuddin vs. Sheriff K. and others [ 2018 (5) KHC 122 ] has held that even if a case is pending before the civil court; if the issue in the suit arises out of a marriage, the same can be transferred to the Family Court and tried with a matter pendi

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