M/S. Bharanee Enterprises Regd v. V. Gowthaman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.4. 2018 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ TR CMP NO.796 OF 2017 AND CMP NO.16184 OF 2017 M/s.Bharanee Enterprises (Regd.) Rep. by its Partner M.Navaneetham No.6/35, Kasi Chetty Street (II Floor) Chennai - 600 049.

... Petitioner Vs.

1.V.Gowthaman 2.G.Kalpana ... Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw E.P.No.34 of 2014 pending on the file of the Subordinate Judge of Tambaram and transfer to City Civil Court, Chennai.

For Petitioner :

Mr.R.Govindasamynathan

O R D E R

This Transfer Civil Miscellaneous Petition is filed to withdraw E.P.No.34 of 2014 from the file of Subordinate Court, Tambaram and to transfer the same to City Civil Court, Chennai.

2. Admittedly, the decree was passed by the City Civil Court, Chennai. If the movable or immovable property is situate within the jurisdiction of other Court, the decree holder has to get the decree transmitted to the Court, which has jurisdiction, to execute the same. On the other hand, seeking transfer of the execution proceedings itself, is not sustainable. https://hcservices.ecourts.gov.in/hcservices/

3. Therefore, the Transfer Civil Miscellaneous Petition is dismissed. It is open to the petitioner seeking leave to transmit the decree to the concerned Court, which has jurisdiction to execute the decree. No costs. Consequently, connected civil miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar TK To The Subordinate Court Tambaram.

GMI(CO) sm:16.10.2018 TR CMP NO.796 OF 2017 https://hcservices.ecourts.gov.in/hcservices/