NIRMALA Vs. SAJEENDRAN

JUDGEMENT

(1.) This intra court appeal is filed by the petitioner in Tr.P.C.No.594/2022 challenging the judgment passed therein, dismissing her petition.

(2.) The Transfer Petition was filed seeking transfer of O.S.No.608/2018 on the files of the Additional Munsiff Court- II, Nedumangad to the Family Court, Nedumangad.

(3.) The appellant is the legally wedded wife of the first respondent and the second respondent is the mother of the first respondent. The appellant and the first respondent got married on 11/5/2003 and two children were born in the wedlock. When the relationship between them got strained, the appellant filed O.P.No.842/2016 before the Family Court Nedumangad seeking recovery of gold ornaments, realization of money and maintenance. An order of attachment of the property was also passed by the Family Court, as per order in I.A.No.1567/2016. During the pendency of the Original petition, the matter was referred for mediation and the parties entered into an agreement whereby, the respondents agreed to sell the property and settle the claims raised in the original petition. Consequently, the attachment was also lifted. While so, the 2 nd respondent filed O.S. No.608/2018, against the first respondent before the Additional Munsiff Court, Nedumangad seeking declaration of right over the property, mandatory injunction, etc. It is alleged that suit has been filed in collusion with the first respondent, with an intention to defeat the compromise entered into between the parties in O.P.No.842/2016. The subject matter and parties in both the proceedings are one and the same and in order to avoid conflicting decisions, transfer of O.S.No.608/2018 to the Family Court, Nedumangad is a necessity.