Madras High CourtTR CMP/57/2022disposed of

T.N.Raj Kumar v. Minor Karthikeyan

2022-02-07Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2022 CORAM :

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P. NO.57 OF 2022 AND C.M.P.NO.1262 OF 2022 T.N.Raj Kumar ... Petitioner/ Respondent Vs.

1.Minor Karthikeyan 2.Manager United India Insurance Company Ltd., Having Office at No.19/2A, Junction Main Road, Salem - 636 004.

... Respondents/ Plaintiff Prayer:- Transfer Civil Miscellaneous Petition is filed under 24 of the Civil Procedure Code to withdraw the case in M.C.O.P.No.114 of 2018 on the file of the Subordinate Judge, Thiruchengode and transfer the same to the District Judge, Salem and to be tried along with the M.C.O.P.No.461 of 2019 deciding the case on merits.

For Petitioner :

Mrs.A.Vinu Pradha

O R D E R

The above petition is filed by the petitioner in M.C.O.P.No.461 of 2019 for transferring the petition in M.C.O.P.No.114 of 2018 on the file of the Subordinate Judge, Tiruchengode to the file of the District Judge, Salem, where M.C.O.P.No.461 of 2019 is now pending.

2. The only reason for seeking the transfer is that two MCOPs are arising out of the same accident and therefore there cannot be a conflicting Judgement. The other reason put forward https://hcservices.ecourts.gov.in/hcservices/

by the petitioner is that he has to travel from Salem to Tiruchengode.

3. It is needless to state that the parties have to appear before the Court only for adducing evidence. Therefore, considering the fact that M.C.O.P.No.114 of 2018 is prior in point of time, M.C.O.P.No.461 of 2019, now pending before the District Judge, Salem, is withdrawn and transferred to the file of the Sub-ordinate Judge, Tiruchengode to be tried along with M.C.O.P.No.114 of 2018.

4. The Transfer Civil Miscellaneous Petition is disposed of on the above lines. Consequently, connected Civil Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar kan To 1.The Subordinate Judge, Thiruchengode.

2.The District Judge, Salem.

+1cc to Mrs.A.Vinu Pradha, Advocate, S.R.No.7661 Tr.C.M.P.No.57 of 2022 KJ(CO) PM/18/02/2022 https://hcservices.ecourts.gov.in/hcservices/