Mrs.D.Sulochana v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2015

CORAM

THE HONOURABLE THIRU JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.No.536 of 2015 & M.P.No.1 of 2015 D.Sulochana ... Petitioner v.

The Commissioner, Mettupalayam Municipality Mettupalayam - 641 301.

... Respondent Tr.C.M.P. filed under section 24 of C.P.C., to withdraw O.S.No.222 of 2012 on the file of District Munsif Court, Mettupalayam and transfer the same to be tried along with O.S.No.234 of 2015 pending on the file of the Subordinate Judge, Coimbatore. For Petitioner : Mr.B.Harikrishnan

O R D E R

The plaintiff in O.S.No.222 of 2012 on the file of District Munsif Court, Mettupalayam has filed the above Transfer C.M.P. to withdraw the suit in O.S.No.222 of 2012 and transfer the same to the file of Subordinate Court, Coimbatore to be tried along with O.S.No.234 of 2015.

2. The learned counsel for the petitioner submits the subject matter in both the suits are one and the same and therefore, they should be tried together.

3. . Both the places are within the jurisdiction of Coimbatore.

4. In these circumstances, I am of the view that the petitioner can very well approach the District Munsif Court, Mettupalayam with the same prayer under section 24 of Civil Procedure Code.

5. Accordingly, the petitioner is given liberty to file an appropriate transfer petition before the District Munsif Court, Mettupalayam.

https://hcservices.ecourts.gov.in/hcservices/

6. The Transfer C.M.P is dismissed with the above observation. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar Rj To

1. The District Munsif, Mettupalayam.

2. The Subordinate Judge, Coimbatore.

Tr.C.M.P.No.536 of 2015 & M.P.No.1 of 2015 kv(co) pmk.21.8.2015 https://hcservices.ecourts.gov.in/hcservices/