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Madras High CourtTR CMP/47/2026allowed

J.Magesh Selvaraj v. Sophia

2026-02-26Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND CMP NO. 1140 OF 2026 J.Magesh Selvaraj S/o. Mr.John Pandian, Res. at No.20/33, Old State Bank Colony Road, West Tambaram, Chennai-600 045.

..Petitioner(s) Vs

1. Sophia W/o. Mr.Chelladurai, Res. at No.17, Good Will Nagar, 1st Main Road, Aishwaryam Apartment, Old Perungalathur, Chennai-600 063.

2. Jancy W/o.Stalin, No.26, Periyar Nagar, Pulikoradu, West Tambaram, Chennai 45.

..Respondent(s) To transfer the Suit in OS.No. 813/2025 from the file of Additional District Court at Chengalpattu to the file of Additional District court at Nagercoil and for other consequential orders and pass as such other orders and thus render justice.

CMP No. 1140 of 2026 To stay all further proceedings in the suit in OS.No. 813/2025, on the file of the Additional District Court at Chengalpattu pending disposal of the above Tr.cmp.

For Petitioner(s):

Mr.M.Muruganantham For Respondent(s):

Mr.K.Chandrasekaran Order Heard.

2.

This Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure seeking withdrawal of O.S. No.813 of 2025 pending on the file of the Additional District Court, Chengalpattu, and transfer of the same to the file of the Additional District Court, Nagercoil. 3.

The petitioner/defendant states, inter alia, that the dispute concerns multiple immovable properties and that two of the suit properties are situated within Kanyakumari District/Nagercoil jurisdiction, while only one item is stated to be at Tambaram and therefore submits to avoid multiplicity of proceedings and conflicting decisions.

4.

This Court has consistently exercised power under Section 24 CPC in favour of transfer to advance the ends of justice and avoid inconsistent decrees.

5.

In the case on hand, having regard to the fact that substantial portion of the suit properties are their native at/near Nagercoil, and also considering the pendency of O.S. No.208 of 2025 at Nagercoil involving the same parties and concerning the same family members this Court is satisfied that it is just and proper that the proceedings are tried at one place to facilitate effective adjudication.

6.

Accordingly, TR.C.M.P. No.47 of 2026 is allowed. O.S. No.813 of 2025 is withdrawn from the file of the Additional District Court, Chengalpattu, and is transferred to the file of the Additional District Court, Nagercoil. The Additional District Court, Chengalpattu shall transmit the entire records within three weeks from the date of receipt of a copy of this order and the Additional District Court, Nagercoil shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Consequently, connected C.M.P.No.1140 of 2026 is closed. There shall be no order as to costs.

26-02-2026 Index: Yes/No Speaking/Non-speaking order MFA

To

1. Additional District Court at Chengalpattu

2. Additional District Court at Nagercoil

DR.A.D.MARIA CLETE J MFA AND CMP NO. 1140 OF 2026 26-02-2026