Madras High CourtTR CMP/165/2020dismissed as withdrawal

A.Durai Alias Subbarayan v. Harikrishnan (Died)

2020-03-05Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY Tr.C.M.P.Nos.165 and 166 of 2020 and C.M.P.Nos.5415 and 5483 of 2020 A.Durai alias Subbarayan ... Petitioner in both Tr.C.M.Ps Vs.

Hariskrishnan (Died) 1.Kasthuri 2.Sathya 3.Haridoss 4.Ranganayagi Ammal 5.A.Narayanansamy 6.Seethalakshmi Ammal ... Respondents in Tr.C.M.P.No.165/2020 1.A.Narayanansamy 2.Ranganayagi Ammal Hariskrishnan (Died) 3.Seethalakshmi Ammal 4.Kasthuri 5.Sathya 6.Haridoss ... Respondents in Tr.C.M.P.No.166/2020 Tr.C.M.P.No.165/2020 filed under Section 24 of the Code of Civil Procedure to withdraw the A.S.No.39 of 2019 on the file of the III Additional District Judge, Puducherry and transfer the same to be heard along with I.A.No.136 of 2020 in A.S.No.Nil of 2020 on the file of the Principal Sub Judge, Puducherry. Tr.C.M.P.No.166/2020 filed under Section 24 of the Code of Civil Procedure to withdraw the A.S.No.67 of 2018 on the file of the III Additional District Judge, Puducherry and transfer the same to be heard along with I.A.No.

136 of 2020 in A.S.No.Nil of 2020 on the file of the Principal Sub Judge, Puducherry. For Petitioner : Mr.R.Rajarajan (in both Tr.C.M.Ps) C O M M O N O R D E R The petitioner is seeking for transfer of the First Appeal pending on the file of the III Additional District Court, Puducherry to be tried along with the applications in unnumbered First Appeal in A.S.No.Nil of 2020 pending on the file of the Principal Sub Court, Puducherry.

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2.The learned counsel seeks permission to withdraw the petitions with liberty to file appropriate petition for transferring the pending First Appeal on the file of the III Additional District Court, Puducherry to the file of the Principal Sub Court, Puducherry. The learned counsel also made an endorsement to that effect.

3.In view of the same, the Transfer Civil Miscellaneous Petitions are dismissed as withdrawn. It is open to the petitioner to file appropriate petition seeking for transfer before the Principal District Court, Puducherry for transferring the pending First Appeal on the file of the III Additional District Court, Puducherry to the file of the Principal Sub Court, Puducherry to be tried along with the pending applications in the A.S.No.Nil of 2020. No costs. Consequently, the connected miscellaneous petitions are closed. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar va To 1.The III Additional District Court, Puducherry. 2.The Principal Sub Court, Puducherry.

+1 CC to Mr.R.Rajarajan, Advocate sr 19990.

Tr.C.M.P.Nos.165 and 166 of 2020 and C.M.P.Nos.5415 and 5483 of 2020 PA(CO) SP(14/07/2020) https://hcservices.ecourts.gov.in/hcservices/