SHERLY Vs. SUKUMARI AMMA

JUDGEMENT

(1.) The prayer in this Transfer Petition is to transfer O.S. No. 174 of 2008, pending before the Munsiff's Court, Varkala, to the Family Court, Nedumangad, to be tried along with O.P. No. 1192 of 2005 and O.P. No. 641 of 2006 pending before that Court.

(2.) O.S. No. 174 of 2008 was filed by the Petitioner against Sukumari Amma and Ors. for declaration of title and recovery of possession of item. 1 of A schedule, for partition of item 2 of A schedule and for other reliefs. O.P. No. 1192 of 2005 on the file of the Family Court, Nedumangad was filed by Sukumari Amma and Arun Nair (respondents 1 and 2 in the Transfer Petition) against Narayanan Nair, Sherly (petitioner in the Transfer Petition) and Ors. to set aside the two gift deeds executed by Narayanan Nair in favour of Sherly and for other reliefs. O.P. No. 641 of 2006, Family Court, Nedumangad, was filed by Sukumari Amma and Arun Nair against Sherly (petitioner herein) and Ors. to set aside a Will executed by Narayanan Nair in favour of Sherly and for other reliefs.

(3.) The Learned Counsel for the Petitioner submitted that Narayanan Nair married Radhamany and in that wedlock, Sherly, the Petitioner, was bon. According to the Petitioner, Sukumari Amma was a concubine of Narayanan Nair. Arun Nair is the illegitimate son in that relationship. According to the Respondents, Sukumari Amma is the legally wedded wife of Narayanan Nair. It is stated that Narayanan Nair executed two gift deeds and a Will in favour of the Petitioner. The suits and the Original Petitions referred to above were filed for the reliefs mentioned therein, in these circumstances.