Kothandam @ Kothandapani v. M.A. Rajarathina Mudaliar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P.Nos.473 and 474 of 2018 1.Kothandam @ Kothandapani 2.Thirupurasundari .. Petitioners in both Tr.C.M.P Vs.

1.M.A.Rajarathina Mudaliar 2.Balu (died) 3.Krishnaveniammal (died) 4.Veeraraghavan (died) 5.Purushothaman (died) 6.Elumalai 7.Maheswari 8.Dharani 9.Dhanasekaran 10.Rukmani 11.Shanbagavalli 12.Devi 13.Sakunthala 14.Lakshmi 15.Mallika 16.Selvambigai 17.Mohanalakshmi 18.Padmavati 19.P.Rajkumar 20.P.Srinivason 21.Somasundarm .. Respondents in Tr.C.M.P.No.473/2018 1.Krishnaveniammal (died) 2.Veeraraghavan (died) 3.Purushothaman (died) 4.Elumalai 5.Maheswari 6.Dharani 7.Dhanasekaran 8.Rubendran 9.Aunthoni 10.Venkatesan 11.Natarajan 12.Rukmani 13.Shanbagavalli 14.Devi 15.Sakunthala

16.Lakshmi 17.Mallika 18.Selvambigai 19.Mohanalakshmi 20.Padmavati 21.P.Rajakumar 22.P.Srinivason 23.Somasundarm ... Respondents in Tr.C.M.P.No.474/2018 Common Prayer: Petitions are filed under Section 24 of C.P.C., to withdraw O.S.Nos.51 of 2003 and 174 of 1998 pending on the file of the Sub Court, Ponneri and transfer the same to the file of the any other competent Court at City Civil Court, Chennai.

For Petitioners : Mr.N.A.Nissar Ahmed C O M M O N O R D E R These petitions are filed to withdraw O.S.Nos.51 of 2003 and 174 of 1998 pending on the file of the Sub Court, Ponneri and transfer the same to the file of the any other competent Court at City Civil Court, Chennai.

2.The issues and the parties involved in both the Transfer Civil Miscellaneous Petitions are one and the same and therefore, they are disposed of by this common order. 3.The petitioners have come out with the present two Transfer Civil Miscellaneous Petitions to transfer O.S.Nos.51 of 2003 and 174 of 1998 pending on the file of the Sub Court, Ponneri and transfer the same to the file of the any other competent Court at City Civil Court, Chennai. According to the petitioners, both the suits are pending for more than two decades. All the parties are residing at Thiruvottiyur. The distance between Thiruvottiyur and Chennai is only 9 kms, whereas the distance between Thiruvottiyur and Ponneri is more than 30 kms. All the parties are senior citizens and it will be convenient for them to attend the hearings in both the suits if the same are transferred to Chennai. 4.Heard the counsel for the petitioners and perused the materials available on record.

5.The petitioners are seeking transfer on the ground that suits are pending for more than two decades. The parties are senior citizens, residing at Thiruvottiyur, near Chennai. These grounds are not valid for transfer of the suits. Instead of transferring the suits, it will be suffice in the interest of justice to direct the learned Judge to dispose of both the suits within the time frame fixed by this Court. Therefore, the Subordinate Judge, Ponneri is directed to hear both the suits in O.S.Nos.51 of 2003 and 174 of 1998 on merits and pass

orders within a period of three months from the date of receipt of a copy of this order.

6.With the above directions, both the Transfer Civil Miscellaneous Petitions are disposed of. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gsa To The Subordinate Judge, Ponneri.

+ 2 ccs to Mr. N.A. Nissar Advocate SR.45499 Tr.C.M.P.Nos.473 and 474 of 2018 KJI(CO) EU(09/08/2018)