Maruthappan @ Prakash v. A.Shanmugam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI 1.Maruthappan @ Prakash 2.Kamalathal 3.Saraswathy All are children of late Palanisamy Gounder, Marutha Gounder Street, Subramaniampalayam, G.N. Mills Post, Coimbatore.

.. Petitioners Vs.

1.A.Shanmugam, S/o. P.Arumuga Konar, Varappalayam Pirivu, Thottam Main Road, Papanaickenpaayam, Chinnathadagam Post, Coimbatore.

2.Sakuthala, D/o. Late Palanisamy Gounder, Marutha Gounder Street, Subramaniampalayam, G.N.Mills Post, Coimbatore.

.. Respondents 1/4

Prayer: Transfer Civil Miscellaneous Petition is filed to withdraw A.S.No.17 of 2013 on the file of the IV Additional District Court, Coimbatore and transfer the same to the file of the I Additional District Court, Erode or any other competent Court of same jurisdiction.

For Petitioners : Mr.B.Nambiselvan

O R D E R

(The matter is heard through "Video Conferencing/Hybrid mode".) This Transfer Civil Miscellaneous Petition is of the year 2013. The Registry is not able to trace the E.B. and other relevant papers and hence, this matter is listed under the caption 'For Want of E.B. cases (Without EB cases)".

2.The learned counsel appearing for the petitioners submitted that the present Transfer Civil Miscellaneous Petition is filed to transfer the First Appeal in A.S.No.17 of 2013 pending on the file of the IV Additional District Court, Coimbatore to the I Additional District Court, Erode. He further submitted that pending Transfer Civil Miscellaneous Petition, the First Appeal was dismissed by the judgment and decree dated 27.09.2015 and in view of 2/4

the same, nothing survives in the Transfer Civil Miscellaneous Petition and hence, the Transfer Civil Miscellaneous Petition may be dismissed as infructuous.

3.Recording the submission made by the learned counsel appearing for the petitioners, this Transfer Civil Miscellaneous Petition is dismissed as infructuous. No costs.

30.11.2021 krk Index : Yes / No Internet : Yes / No To 1.The Learned IV Additional District Judge, Coimbatore.

2.The learned I Additional District Judge, Erode.

V.M.VELUMANI, J.

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