V.Asokan v. J.Govindharaju

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY Tr.C.M.P.No.189 of 2020 and C.M.P.No.6048 of 2020 1.V.Asokan 2.Geetha ... Petitioners Vs.

1.J.Govindharaju 2.Rukmani Ammal 3.Vasantha Kumari 4.Lalitha 5.A.Ramesh 6.J.Manoharan ..Respondents Petition filed under Section 24 of the Code of Civil Procedure to withdraw O.S.No.33 of 2015 pending on the file of the II Additional District Court (Fast Track Court), Kancheepuram and transfer the same to the Additional City Civil Court, Chennai - 600 104.

For Petitioners : Mr.M.Balasubramanian

O R D E R

The petitioners, who are the defendants 2 and 4 in the suit in O.S.No.33 of 2015 on the file of the II Additional District Court (Fast Track Court), Kancheepuram, have filed the above Transfer Civil Miscellaneous Petition to withdraw and transfer the suit in O.S.No.33 of 2015 pending on the file of the II Additional District Court (Fast Track Court), Kancheepuram to the file of the Additional City Civil Court, Chennai. 2.The 1st respondent - plaintiff filed the suit in O.S.No.33 of 2015 for partition and other reliefs.

3.Admittedly, the suit property is situated within the jurisdiction of Kancheepuram District. When the suit property is https://hcservices.ecourts.gov.in/hcservices/

situated within the jurisdiction of Kancheepuram District, the cause of action for filing of the case would arise only at Kancheepuram District and not at Chennai. In such circumstances, I am not inclined to transfer the pending suit from the file of the II Additional District Court (Fast Track Court), Kancheepuram. Accordingly, the Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar va To 1.The II Additional District Court (Fast Track Court), Kancheepuram.

+1 cc to Mr.M.Balasubramanian, Advocate, S.R.No.23437 Tr.C.M.P.No.189 of 2020 and C.M.P.No.6048 of 2020 KS(CO) RN(22/05/2020) https://hcservices.ecourts.gov.in/hcservices/