K.Kumari Murthy v. S.Sampath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI TR.C.M.P.No.550 of 2013 K.Kumari Murthy .. Petitioner Vs.

1.S.Sampath, Rep. by his power of attorney agent S.Peethambaram.

2.The Executive Officer, Special Grade Panchayat Board, Sathuvachari, Vellore - 9 (N.A. District).

3.The Superintending Engineer, Vellore Electricity Distribution Circle, TNEB, Gandhi Nagar, Vellore - 6.

4.The Assistant Executive Engineer, Urban - II, TNEB, Vellore - 4.

5.Anil Surana, Proprietor Vellore Ceramic, No.521/A, RTO Main Road, Phase-II, Sathuvachari, Vellore - 9 (N.A. District).

6.M/s. Book Bank, Lending Library, 521/C, RTO Main Road, Phase - II, Sathuvachari, Vellore - 9 (N.A. District).

7.K.Nidhidevan, Proprietor M/s. M.K.Rewinding Works, 521/E, RTO Main Road, Phase - II, Sathuvachari, Vellore - 9 (N.A. District).

.. Respondents

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the suit in O.S.No.330 of 2011 on the file of the Additional District Munsif Court, Vellore (Transferred from Sub Court, Vellore in O.S.No.75 of 1996) and transfer the same to the file of the Principal District Court, Vellore for holding trial, enquiry and disposal according to law along with the enquiry in first appeal in A.S.No.1 of 2012 preferred against the judgment and decree dated 09.06.2011 made in O.S.No.325 of 1995 on the file of the Sub Court, Vellore.

For Petitioner : Mr.R.Natarajan For R1 : Mr.AU.Ilango For RR 3 & 4 : Mr.V.Viswanathan

O R D E R

(The matter is heard through "Video Conferencing/Hybrid Mode".) Today when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that the Tr.C.M.P. is filed to transfer the suit in O.S.No.330 of 2011, pending on the file of the Additional District Munsif Court, Vellore to the file of the Principal District Court, Vellore, to be tried along with first appeal in A.S.No.1 of 2012 on the file of the Sub Court, Vellore. Pending Transfer Civil Miscellaneous Petition, the first appeal was dismissed by the judgment dated 18.12.2014. Against the said judgment dated 18.12.2014 passed in A.S.No.1 of 2012, the petitioner filed second appeal in S.A.No.727 of 2015 and in view of the same, nothing survives in the present Transfer Civil Miscellaneous Petition. 2.Recording the above said submission made by the learned counsel appearing for the petitioner, this Transfer Civil Miscellaneous Petition is dismissed as infructuous. No costs. Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar krk

To 1.The Additional District Munsif, Vellore.

2.The Principal District Judge, Vellore.

3.The Subordinate Judge, Vellore.

+1cc to Mr.R.Natarajan, Advocate SR.No.61684 TR.C.M.P.No.550 of 2013 PMK(CO) GMY(07/12/2021)