S.Navanithan v. Minor. Janani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and CMP.Nos.7291 & 7362 of 2022 S.Navanithan ... Petitioner in Tr.CMP.No.378/2022 P.Jeevanantham ... Petitioner in Tr.CMP.No.383/2022 Vs.

1.Minor Janani 2.Sampooranavalli 3.Kamalammal ... Respondents in Tr.CMP.No.378/2022 1.S.Sampooranavalli 2.Minor.S.Janani 3.S.P.Kamalammal 4.M.Selvakumar 5.P.Rani 6.R.Rajathi 7.P.Anandan 8.P.Kumar 9.S.Navaneedan ... Respondents in Tr.CMP.No.383/2022 1/4

Common Prayer: Transfer Civil Miscellaneous Petitions filed under Section 24 of CPC, to withdraw the O.S.Nos.1115 of 2019 & 1508 of 2013 on the file of the Principal Subordinate Judge, Coimbatore and to transfer the same to the Fifth Additional District Judge, Coimbatore to try along with O.S.No.155 of 2019.

For Petitioners in both Tr.CMPs.

: Mr.V.Elangovan For Respondents in both Tr.CMPs.

: Mr.R.Venkatesh for R1 & R2 COMMON ORDER These petitions have been filed to withdraw the O.S.Nos.1115 & 1508 of 2019 on the file of the Principal Subordinate Judge, Coimbatore and to transfer the same to the Fifth Additional District Judge, Coimbatore to try along with O.S.No.155 of 2019. 2/4

2. The petitioners seek transfer of O.S.Nos.1115 & 1508 of 2019 pending on the file of the Principal Subordinate Judge, Coimbatore, to Fifth Additional District Judge, Coimbatore, for joint trial along with O.S.No.155 of 2019. The petitioners seek transfer within the District. They have effective remedy to file transfer applications before the concerned District Court. Therefore, this Court is not inclined to entertain these transfer applications filed by the petitioners and the same are dismissed. However, it is open to the petitioners to file appropriate applications before the concerned District Court seeking transfer of the cases.

3. Accordingly, these Transfer Civil Miscellaneous Petitions are dismissed with liberty to file the same before concerned District Judge. No costs. Consequently, connected Miscellaneous Petitions are closed.

08.09.2022 Index : Yes / No 3/4

Internet : Yes / No dna To 1.The Principal Subordinate Judge, Coimbatore. 2.The Fifth Additional District Judge, Coimbatore. 4/4

S.SOUNTHAR , J.

dna and CMP.Nos.7291 & 7362 of 2022 08.09.2022 5/4