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Madras High CourtTR CMP/508/2022disposed of

G.Gowri v. C.Thangamani

2023-01-23Honourable Mr Justice S.M. Subramaniam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.No.508 of 2022 and C.M.P.No.9311 of 2022

1. G.Gowri

2. G.Kavin ..

Petitioners vs

1. C.Thangamani

2. G.Dharmalingam

3. Prakash

4. Mani

5. Krishasami

6. Ponnusamy

7. Iyyappan

8. Arumugam

9. Mahesh

10. Dhandapani

11. Arumugam

12. Baskar

13. Vishwanathan

14. Chellappan

15. Samiathal

16. Muthusamy

17. Subramani (died)

18. K.Chinnasamy

19. Ashokan

20. Mohanraj

21. Senthilkumar

22. Sundaram

23. Prabakaran

24. R.H.Jeyapuldel

25. Malik ..

Respondents Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer O.S.No.155 of 2010 pending on the file of the District Court, Erode to be tried along with O.S.No.335 of 2022 pending on the file of the II Additional District Court, Erode. For Petitioner :

Ms.Anukriti Anand for Mr.Govind Chandrasekhar For Respondents :

Mr.D.Kanagasundaram for respondent 1 Mr.S.Kaithamalaikumaran for respondent 2 No Appearance for respondents 3 to 16 & 18 to 25 Respondent 17 - Deceased

ORDER

The transfer petition filed to transfer the O.S.No.155 of 2010 pending on the file of the District Court, Erode to be tried along with O.S.No.335 of 2022 pending on the file of the II Additional District Court, Erode.

2. Since the petitioners have filed to transfer the case within the Erode

District, the petitioners have to approach the Principal District Court for effective proceedings.

3. Learned counsel for the respondents raised an objection by stating that the O.S.No.155 of 2010 was filed in the year 2010 and now, after a lapse of twelve years, they have filed a fresh transfer petition and therefore, the transfer petition is to be dismissed.

4. However, this Court is not inclined to consider the transfer petition, since the transfer sought for is within the Erode District and that being the case, the petitioners are at liberty to approach the Principle District Court for appropriate relief.

5. In view of the above, the transfer petition is disposed of. Consequently, the connected miscellaneous petition is closed. There will be no order as to costs.

23.01.2023 Index : Yes / No Speaking order / Non-speaking order Neutral order: Yes/No drm

To

1. The II Additional District Court, Erode.

2. The District Court, Erode.

S.M.SUBRAMANIAM, J.

(drm) Tr.C.M.P.No.508 of 2022 and C.M.P.No.9311 of 2022 23.01.2023