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Madras High CourtTR CMP/39/2014allowed

P.C.Lakshman Naicker& v. S.Shanmugam

2017-11-30Honourable Mrs Justice Pushpa Sathyanarayana5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2017 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.CMP.Nos.39 and 40 of 2014 M.P.Nos.1 and 1 of 2014 Tr.C.M.P.No.39 of 2014 P.C.Lakshmana Naicker & Chinnammal Charitable Trust Rep.by its Trustee P.G.Kannappan .. Petitioner -Vs1.S.Shanmugan 2.Balasubramaniyam 3.The Sub Registrar Office of the Sub Registrar Kundrathur, Chennai 600 069.

.. Respondents Prayer:

Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw the suit in O.S.No.104 of 2012 from the file of the District Munsif Court, Sriperumbudur and to transfer the same to the file of the City Civil Court, Chennai. Tr.C.M.P.No.40 of 2014 P.C.Lakshmana Naicker & Chinnammal Charitable Trust Rep.by its Trustee P.G.Kannappan .. Petitioner

-Vs1.S.Shanmugan

2. R.Hemalatha 3.S.R.Viswanathan 4.S.Senthilkumar 5.S.Rajeswari 6.K.Padmini ..Respondents Prayer:

Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw the suit in O.S.No.68 of 2013 from the file of the District Munsif Court, Sriperumbudur and to transfer the same to the file of the City Civil Court, Chennai. For petitioners in both Tr.CMP.Nos. ... Mr.K.Selvaraj For Respondent -1 in Tr.CMP.No.39 of 2014 ... Mr.N.R.Anantharama Krishnan For Respondents 2 and 3 in Tr.C.M.P.No.39 of 2014 ... No Appearance For Respondent-4 ... Mr.S.Rajasekar in Tr.C.M.P.No.40 of 2014 For Respondents 1 to 3, 5 and 6 ... No Appearance in Tr.C.M.P.No.40 of 2014 C O M M O N O R D E R The petitioner in both Tr.C.M.Ps has filed O.S.No.104 of 2012 on the file of the District Munsif Court, Sriperumbudur for injunction and also filed O.S.No.68 of 2013 before the same Court for the relief of

declaration.

2.

It is stated that since all the petitioners as well as the respondents are all residents of Chennai, it would be convenient for all the parties to appear before the Court in Chennai besides the fact that the properties are situated at Madanandapuram Village, Sriperumbur, which would not come within the Chennai City Municipal Corporation. Hence, the petitioner sought for withdrawal of suits in O.S.No.104 of 2012 and O.S.No.68 of 2013 from the file of the District Munsif, Sriperumbudur and transfer them to the City Civil Court, Chennai. 3.

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

4.

Learned counsel for the respondents has also got no serious objection in allowing the transfer petitions. 5.

As the properties fall within the temporary jurisdiction of the City Civil Court, Chennai and all the parties are also living in Chennai, O.S.No.104 of 2012 and O.S.No.68 of 2013 on the file of the District Munsif Court, Sriperumbudur may be transfered to any of the City Civil Courts at Chennai.

6.

Accordingly, these Tr.C.M.Ps are allowed. O.S.No.68 of 2013 and 104 of 2012 on the file of the District Munsif, Sriperumbur are ordered to be withdrawn and transferred to any of the City Civil Courts at Chennai. No costs. Consequently, connected miscellaneous petitions are closed.

30.11.2017 srn To

1. The District Munsif Court, Sriperumbudur.

2. The City Civil Court, Chennai.

PUSHPA SATHYANARAYANA.J srn Tr.CMP.Nos.39 and 40 of 2014 M.P.No.1 of 2014 30.11.2017