GINU VARGHESE Vs. JIS JOSEPH

JUDGEMENT

(1.) The prayer in Transfer Petition (Civil) No. 270 of 2010 is as follows :

(2.) Heard Sri.Babu Karukappadath, learned counsel appearing for the petitioners, Sri.P.Martin Jose, learned counsel appearing for respondents 1 and 2 and Sri.K.M.Faisal (Kalamassery), learned counsel appearing for R3 in Tr.P.(C) No.270 of 2010.

(3.) Last time when the case had come up for consideration on 9.2.2018, Sri.P.Martin Jose, learned counsel appearing for respondents 1 and 2, had submitted on the basis of instructions from his parties that the evidence has been almost completed in O.S.No.31 of 2009 now on the file of the 6th Additional District Court, Ernakulam, and further that the second respondent herein (who is defendant No.2 in both the suits) has already died and that both the suits have been abated and that no steps have been taken to set aside the abatement and for impleadment of the LRs and further that the petitioner herein is none other than the brother of the deceased R2 herein, etc. This Court had passed an order dated 9.2.2018, which reads as follows :