G.Mani Venkataramu v. M.Vijayakala Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN Transfer CMP Nos.108 and 109 of 2015 and MP.No.1 of 2015 G.Mani Venkataramu

...Petitioner in both petitions

versus M.Vijayakala Devi

...Respondent in both petitions

PRAYER: Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw O.S.Nos.667 of 2009 and 871 of 2012 pending on the file of II Additional Subordinate Judge, Coimbatore and transfer the same to be tried along with OP No.1223 of 2009 on the file of Family Court, Coimbatore.

For Petitioner : No appearance For Respondent : Ms.M.Vidya C O M M O N O R D E R The plaintiff in O.S.No.667 of 2009 on the file of II Additional Subordinate Court, Coimbatore, has come up with these two transfer petitions, with a request to withdraw the proceedings in O.S.Nos.667 of 2009 and 871 of 2012 and transfer the same to the Family Court at Coimbatore for disposal along with O.P.No.1223 of 2009.

2. None appears on behalf of the petitioner. Heard the learned counsel for the respondent.

3. There are altogether four proceedings pending before two different courts. The suit filed by the petitioner in O.S.No.667 of 2009 is pending before the II Additional Sub-Court, Coimbatore. The connected suit filed by the petitioner in O.S.No.871 of 2012 is also pending before the very same Court. The proceedings initiated by the respondent in O.P.No.1223 of 2009 is pending before the Family Court at Coimbatore. Similarly, the maintenance case initiated by the respondent in M.C.No.91 of 2009 is also pending before the Family Court at Coimbatore. https://hcservices.ecourts.gov.in/hcservices/

4. Even according to the petitioner, the Trial Court has already commenced evidence in O.P.No.1223 of 2009 and M.C.No.91 of 2009. The trial in other suits is yet to commence. There is no question of transferring the suits in O.S.Nos.667 of 2009 and 871 of 2012, in view of the progress reached by the Family Court, Coimbatore, in O.P.No.1223 of 2009. I am therefore of the view that the petitioner has not made out a case for transfer.

5. In the result, the Transfer Civil Miscellaneous Petitions are dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Svki Sd/- Assistant Registrar [CO] /TRUE COPY/ Sub-Assistant Registrar To The II Additional Subordinate Judge, Coimbatore +2CC to MR.M.VIDYA Advocate SR.NO.71375 & 71376 Transfer CMP Nos.108 and 109 of 2015 RJ[CO] MK:02/01/2017 https://hcservices.ecourts.gov.in/hcservices/