Madras High CourtTR CMP/175/2015dismissed as infructuous

V.M.Muthu Kumar v. V.S.Anuradha

2017-11-20Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.11.2017 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.Nos.175 and 222 of 2015 Tr.C.M.P.No.175 of 2015

1. V.M.Muthu Kumar

2. Minor Divya Rep by father and guardian V.M.Muthu Kumar .. Petitioners -Vs1. V.S.Anuradha

2. Minor Pranab

3. Minor Kiruba Minors are represented by guardian mother Anuratha

4. V.S.Manickasundaram (since deceased)

5. V.M.Ponnathal

6. V.M.Chinnappan

7. V.C.Sivakumar

8. V.C.Thiyagarjan @ Raju

9. Minor Arun 10.Minor Guhan Minors represented by their Mother and Natural Guardian, Poongodhai

11. Poongodhai

12. Punjab National Bank Cutcherry Street, Erode-1 Rep by its Branch Manager

13. The Erode Co-operative Urban Bank Ltd Erode by its Secretary .. Respondents Prayer in Tr.C.M.P.No.175 of 2015 Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw A.S.No.18 of 2004 pending before the District Judge, Erode and transfer the same to this Court to be tried along with A.S.No.563 of 2003, which is pending before this Court.

Tr.C.M.P.No.222 of 2015 V.M.Muthu Kumar ... Petitioner -vs-

1. V.S.Manicka Sundaram (since deceased)

2. Minor Pranab

3. Minor Kiruba Minors are represented by guardian mother Anuradha

4. V.M.Ponnathal

5. V.M.Chinnappan

6. V.C.Sivakumar

7. V.C.Thiagarajan

8. Minor Arun

9. Minor Guhan Minors represented by their Mother and Natural Guardian Poongothai

10. Poongodhai

11. Minor Divya Rep by her Natural Guardian and father V.M.Muthu Kumar ... Respondents Prayer in Tr.C.M.P.No.222 of 2015:

Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C praying to withdraw A.S.No.121 of 2003 pending before the District Judge, Erode and transfer the same to this Court to be tried along with A.S.No.563 of 2003, which is pending before this Court.

For petitioner ... No Appearance For respondent-5... Mr.T.Sundar Rajan For respondents 1 to 5, 7 to 11 ... Not ready in notice

O R D E R

When the matter was taken up for hearing on 10.11.2017, there was no representation for the petitioners. Hence, the matter was directed to be posted on 13.11.2017. Even when the matter was listed on 13.11.2017, there was no representation for the petitionerS. Hence, the Registry was directed to list the matter on 20.11.2017 under the caption 'for dismissal'. Despite the matter being listed today under the caption 'for dismissal', there is no representation for the petitioners either in person or through counsel.

It is stated by Mr.T.Sundar Rajan, learned counsel for the fifth respondent in Tr.C.M.P.No.222 of 2015 and the sixth respondent in Tr.C.M.P.No.175 of 2015 that all the matters are settled and a Memo of Compromise has been recorded in A.S.No.563 of 2003 on 30.08.2017 before this Court and has also filed a memo today stating that in view of the compromise, these Tr.C.M.Ps have become infructuous.

Accordingly, these Tr.C.M.Ps are dismissed as infructuous. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar (1/2) srn To The District Judge, Erode Tr.C.M.P.Nos.175 and 222 of 2015 PPA(CO) SM:11.12.2017