YADHU MOHAN Vs. RAJESH KUMAR P.R.

JUDGEMENT

(1.) The appellant is the petitioner in Tr.P.(C)No.183 of 2020, a transfer petition filed before this Court under Section 24 of the Code of Civil Procedure, 1908, seeking an order to transfer O.S.No.57 of 2020 pending before the Munsiff Court, Kayamkulam to the Sub Court, Ottapalam, for being jointly tried along with O.S.No.20 of 2020 pending before that Court. By the order dated 13.07.2021, the learned Single Judge dismissed Tr.P.(C)No.183 of 2020. Feeling aggrieved, the appellant has filed this Tr.Appeal, under Section 5 of the Kerala High Court Act, 1958.

(2.) Heard the learned counsel for the appellant, the learned counsel for the 1st respondent and also the learned counsel for the 2nd respondent.

(3.) The 1st respondent herein filed O.S.No.57 of 2020 before the Munsiff Court, Kayamkulam, on 11.02.2020, against the appellant herein and his brother, the 2 nd respondent herein, seeking permanent prohibitory injunction restraining them from trespassing into the plaint schedule property. The 1st respondent filed the said suit, claiming to be a 'live-in partner' of M.S. Chitra, the deceased mother of the appellant and the 2nd respondent, and sought for permanent prohibitory injunction based on his alleged possession, ownership and enjoyment of the plaint schedule property, on the strength of an unregistered Will dated 06.10.2019, alleged to have been executed by M.S. Chitra. The reliefs sought for in O.S.No.57 of 2020 read thus; ....[VERNACULAR TEXT OMMITED]....