Madras High CourtTR CMP/290/2023allowed

Vijayalakshmi v. Thirumurugan

2024-04-08Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.6347 of 2023 1.Vijayalakshmi 2.Indirani 3.Minor Dharsiya .. Petitioners Vs.

1.Thirumurugan 2.The Divisional Manager, Divisional Office (Third Party Hub), New India Insurance Company, No.179, Jawaharlal Nehru Street, Mochi Building, 3rd Floor, Pondicherry - 01.

.. Respondents Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw the M.C.O.P.No.865 of 2017 on the file of the Subordinate Court at Gingee and transfer the same to the file of the Court of the Small Causes, Chennai. Page No 1 of 4

For Petitioners : M/s.M.K.Supradeeban For R1 : Served, No Appearance For R2 : M/s.A.Salomi

ORDER

The petitioners seeks transfer of M.C.O.P.No.865 of 2017 from the file of the learned Subordinate Judge at Gingee to the file of the Small Causes Court at Chennai.

2. The 1st petitioner claims that her husband/Balaraman died due to rash and negligent act of the 1st respondent by a vehicle which was insured in the name of the 2nd respondent. Soon after the accident, M.C.O.P.No.865 of 2017 was presented before the Sub Court at Gingee.

3. The 1st petitioner has a child, who is about 7 years old. Her motherin-law is staying with her, who is about 51 years old. She was shifted to Chennai for the purpose of vocation. To travel from Chennai to Gingee, it takes a distance of nearly 300 Kms in a round trip.

4. Considering the overall circumstances, I am inclined to allow this Page No 2 of 4

Transfer Civil Miscellaneous Petition. Accordingly, the proceedings in M.C.O.P.No.865 of 2017 which is now pending on the file of the Sub Court at Gingee is withdrawn and it shall stand transferred to the file of the Small Causes Court at Chennai.

5. Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.

08.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To 1.The Subordinate Court, Gingee 2.The Small Causes Court, Chennai Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.6347 of 2023 08.04.2024 Page No 4 of 4