M. Sumithra v. T.K. Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR CMP NO.682 of 2017 and CMP No. 13526 of 2017

1. M.Smitha W/o Maheshwaran @ Mahesh

2. M.Vishnuvarthan, Minor S/o. Maheshwaran @ Mahesh Represented by his Mother and Natural guardian Both are residing at No. 13-9, Ramu Gowder Street, Kamayagoundanpatti- 625 521.

... Petitioners versus

1. Mr.T.K.Kumar

2. Royal Sundaram Alliance General Insurance Company Limited TP Department, Subramanian Building, II Floor, Club House Road, LM Opposite Sintur Hotel, Chennai-600 002.

3. Mr.Venkatraman Properietor Glitz Ventures

4. The Branch Manager ICICI Lombard General Insurance Company Limited Loyala Technical Building, No. 7, A.A. Road, I floor, Ganaolivupuram Madurai-600 016.

... Respondents

PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure to withdraw and to transfer the MCOP No. 59 of 2012 pending on the file of the Sub-Judge, Uthamapalayam, Theni District to the file of the III learned Judge, Small Causes at Chennai pending disposal of the above Transfer Civil Miscellaneous Petition.

For Petitioners : Mr.P.Deivendra For Respondents : Mr.M.B.Raghavan

O R D E R

The First Petitioner/wife and the second petitioner/minor son have filed the present Transfer Civil Miscellaneous Petition to withdraw MCOP No. 59 of 2012 from the file of the learned Sub Judge, Uthamapalayam, Theni District and to transfer the same to the file of the learned III Judge, Small Causes Court, Chennai.

2. Heard the learned Counsel for the petitioners and learned counsel for the respondents.

3. The learned counsel appearing for the respondents stated no objection for transferring the case.

4. Accordingly, M.C.O.P.No. 59 of 2012 is withdrawn from the file of learned Sub Judge, Uthamapalayam, Theni Distirct and is transferred to the file of the learned III Judge, Small Causes Court, Chennai. A direction is issued to the learned III Judge, Small Causes Court, Chennai, to renumber the case and conduct the proceedings, on merits and in accordance with law, as expeditiously as possible.

5. The Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 30.08.2017 Index : Yes/No Internet : Yes/No bsm To

1) The Sub Judge, Uthamapalayam, Theni District.

2) The Third Judge, Small Causes Court, Chennai.

M.GOVINDARAJ, J.

bsm TR CMP NO.682 of 2017 and CMP No. 13526 of 2017 30.08.2017