Madras High CourtTR CMP/245/2019dismissed as infructuous

Kannammal v. Manickam

2019-10-25Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2019 C O R A M THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TR C.M.P. No.245 of 2019 and C.M.P.No.7270 of 2019 Kannammal ... Petitioner Vs.

1. Manickam

2. Selvi

3. Mathaiyan ... Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw the suit in O.S.No.83 of 2017 on the file of the District Munsif Court, Pochampalli, Krishnagiri District and to transfer the same to the District Munsif Court, Palacode, Dharmapuri District as joint trial, along with O.S.No.155/2017 For Petitioner : Mr.R.Rajaramani For Respondents : Mr. P.Valliyappan RR1 and R2 R3 : Served-NA

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the suit in O.S.No.83 of 2017 on the file of the District Munsif Court, Pochampalli, Krishnagiri District and to transfer the same to the District Munsif Court, Palacode, Dharmapuri District as joint trial.

2. It is submitted by the learned counsel for first and second respondent that the suit in O.S.No.83 of 2017 was dismissed on 14.03.2019. Thereafter, the petitioner has filed an interlocutory application to restore the suit and the same was also dismissed on 09.09.2019. In the meanwhile, the petitioner herein viz., Kannammal died on 09.09.2019. Hence, nothing survives for adjudication in the present transfer civil miscellaneous petition.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above submission made by the learned counsel for the respondents, this Transfer Civil Miscellaneous Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rli To

1. The District Munsif Court, Pochampalli, Krishnagiri.

2. The District Munsif Court, Palacode, Dharmapuri District.

+1cc to Mr.V.R.Annagandhi, Advocate SR.89582 +1cc to Mr. P.Valliyappan, Advocate SR.89887 TR C.M.P. No.245 of 2019 and C.M.P.No.7270 of 2019 EV(CO) CB(03/12/2019) https://hcservices.ecourts.gov.in/hcservices/