B. Najma Be v. K.O.Abdul Salam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM:

THE HONOURABLE Ms.JUSTICE P.T.ASHA and CMP.No.2533 of 2025 1.B.Nahma Be 2.M.Firose Kadhun ... Petitioners Vs 1.K.O.Abdul Salam 2.K.O.Abdul Rafeek 3.K.O.Abdul Haium 4.The Sub Registrar Sub Registrar Office, Uthiramerur.

5.The Tahsildar Taluk Office, Uthiramerur.

6.The Revenue Divisional Officer Revenue Divisional Office Collectorate Compound, Kanchipuram.

7.The State Rep by its District Collector Collectorate Compound, Kanchipuram.

...Respondents

Prayer :- Transfer Civil Miscellaneous Petition filed under Section 24 of CPC., praying to withdraw O.S.No.80 of 2017 on the file of the District

Munsif cum Judicial Magistrate Court, Uthiramerur and transfer the same to the Court of the District Munsif, Chengalpattu. For Petitioner : Ms.Hemalatha P.M.

For Respondents : Mr.N.Muthuvel Government Advocate [R4 to R7]

ORDER

The first and the second defendants in suit O.S.No.80/2017 on the file of the District Munsif cum Judicial Magistrate, Court, Uthiramerur, seek to transfer the said suit from its file to the file of District Munsif Court, Chengalpattu.

2. The suit in question is one for a bare injunction in respect of the following properties:

a) A-SCHEDULE PROPERTY :

In Kanchipuram-District, Uthiramerur-Taluk, Vedapalayam-Village bearing Nanja Survey No.66/1A to an extent of 7.00 Ares (or) 0.17 cents bounded East by - Survey No.66/1B, (plaint mentioned Bschedule property) West by - plaintiffs house in Gramanatham Survey No.1630/16, North by -Eri Kalvoy, South by - Uthirameur - Pukkathurai Main Road, under Patta No.940.

b) B-SCHEDULE PROPERTY :

In Kanchipuram-District, Uthiramerur-Taluk, Vedapalayam-Village bearing Naja Survey No.66/1B to an extent of 0.8 1/2 cents out of 011 cents, bounded East by - Terrace building situtated in remaining extent of Survey No.66/1B & Bavani w/o Prabakaran property, West by - Survey No.66/1A, (plaint "A" schedule property), North by -Eri Kalvoy, South by - Uthirameur - Pukkathurai Main Road, under Patta No.2062.

which are situated in Uthiramerur, which is beyond the jurisdiction of the District Munsif Court, Chengalpattu.

3. The suit being one on land, jurisdiction vests with the Court, within whose local limits the properties are situated. The properties come within the local limits of the learned District Munsif cum Judicial Magistrate, Uthiramerur. Therefore, the request of the petitioners seeking transfer cannot be granted by this Court and accordingly, the transfer CMP is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

06.02.2025 Index : Yes /No ds

To:

1.The District Munsif cum Judicial Magistrate Uthiramerur.

2.The District Munsif Chengalpattu.

3.The Section Officer VR Section High Court, Madras.

P.T.ASHA,J., ds 06.02.2025