Madras High CourtTR CMP/820/2014dismissed

N.Srinivasan v. P.Manickam

2015-02-17Honourable Mr Justice N. Kirubakaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17-2-2014

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Tr.CMP.No.820 of 2014 1.Mr.N.Srinivasan 2.N.Elumalai Gounder 3.Mr.N.Arumuga Gounder 4.Mrs.N.Rajaveni 5.Mrs.N.Nagamal 6.Mr.N.Thirumathi 7.Mrs.N.Chandra ... Petitioners

Versus

1.Mr.P.Manickam 2.Mrs.M.Dhanvanthani 3.Mrs.M.Biruntha 4.Mrs.M.Pavani 5.Mrs.Anusha 6.Mr.R.Dayalan 7.Mr.Karunakaran ... Respondents This petition is filed under Section 24 of C.P.C. to transfer the suit O.S.No.84 of 2013 from Hon'ble Principal District Munsif Court, Puducherry to Tamilnadu State near by district of Kancheepuram Judiciary District for getting fair justice.

For Petitioners : Mr.A.Ramaswamy For Respondents : Mr.R.Sreedhar for R6

ORDER

The plaintiffs are the petitioners, who approach this court seeking transfer of O.S.No.84 of 2013 from the file of the Principal District Munsif,Puducherry to Kancheepuram District. 2.

Heard the learned counsel appearing for the petitioners and the respondents. Learned counsel appearing for the respondents would submit that the case has already been https://hcservices.ecourts.gov.in/hcservices/

transferred to I Additional District Munsif Court at Pondicherry, which fact is also admitted by the learned counsel for the petitioners. In view of that the transfer petition has become infructuous. However, the petitioners cannot seek transfer of this case to a particular District and the right to choose the jurisdiction is not available to the parties. Hence, this petition is liable to be dismissed and is dismissed. No costs. Consequently the connected M.P.No.1 of 2014 is also dismissed. 3.

Taking into consideration of the fact that the lis is a title dispute, it is appropriate to direct the I Additional Distirct Munsif Court to dispose of the above matter on or before 31th July, 2015. Both the parties are directed to cooperate with the Trial court.

Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar vk To 1.The Principal District Munsif, Puducherry.

2.The I Additional District Munsif, Puducherry. Tr.CMP.No.820 of 2014 kk 25/2 https://hcservices.ecourts.gov.in/hcservices/