ALEYAMMA MATHEW Vs. VARGHESE MATHULLA & ORS.

JUDGEMENT

(1.) The prayer in this Transfer Petition (Civil) is as follows:

(2.) Notice to R-1 has been returned with the endorsement "not known" . R-1 is the sole plaintiff in O.S.No.18/2014 on the file of the Munsiff's Court, Chengannur and also the plaintiff in O.S.No.2/2014 on the file of the Sub Court, Chengannur and the address of R-1 shown in the petition is the one as shown by him in those suits. Moreover, the petitioner's counsel submits that notice was also served on R-1 through lower court counsel and that though memo evidencing such service was filed before the Registry, the same is missing and the petitioner is having a photocopy of the memo and the photocopy of the memo evidencing service of notice has now been produced before this Court. Further R-2 and R-3 are the children of the petitioner, who are co-defendants along with the petitioner in the above suit filed by R-1 and that R-2 and R-3 are now abroad and that they are supporting the present prayer of the petitioner. Moreover, it is seen that the prayer is only to transfer the suit from the Munsiff's Court, Chengannur to the Sub Court, Chengannur and both the courts are functioning in the same place and same venue.

(3.) Though notice has been duly served on the respondents, there is no appearance for those parties.