← Library
Madras High CourtTR CMP/444/2024withdrawn dismissed

Jayasree v. A.Karunanidhi

2024-09-24Honourable Mrs Justice L.Victoria Gowri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025

CORAM

THE HONOURABLE MR JUSTICE V. LAKSHMINARAYANAN and CMP No.9189 of 2024 Jayasree ....

Petitioner Vs A.Karunanidhi ....

Respondent Prayer : Transfer CMP under Section 24 of CPC to withdraw the case in OS No.340 of 2020 pending before the Principal Sub Court, Hosur at Krishnagiri District and transfer the same to Sub Court, Dharmapuri.

For Petitioner :

Ms.E.Harini for Ma.Pa.Thangavel For Respondent :

No appearance

ORDER

The petitioner is the defendant in OS No.340 of 2020 on the file of the Principal Subordinate Court at Hosur at Krishnagiri District. Respondent is the plaintiff. The suit is one for recovery of money.

2. The defendant pleads that the proceedings on the file of the Principal Subordinate Court at Hosur at Krishnagiri District must be withdrawn and transferred to the file of the Subordinate Court at Dharmapuri. The reason that the petitioner gives for the transfer is that she is a senior citizen and fears that in 1/3

case if she were to attend the Court at Hosur, she will be attacked by the plaintiff. 2/3

V.LAKSHMINARAYANAN, J.

KST

3. I have gone through the affidavit. The reason given in Paragraph 8 is neither convincing nor acceptable. In the event the petitioner threat were to become a reality, she can give a petition to the learned Principal Subordinate Judge at Hosur narrating the circumstances. If the learned Judge finds the claim of the petitioner to be true, he shall order police protection for the petitioner.

4. With the above observations, this Transfer CMP is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 24.01.2025 Index : Yes/No KST To The Principal Sub Court, Hosur at Krishnagiri 3/3