Ganagamani v. M. Dhanalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2025

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Tr.C.R.P.No.1279 of 2025 and C.M.P.No.29328 of 2025 Ganagamani ... Petitioner vs.

M.Dhanalakshmi ... Respondent PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw and transferring OS.No.198 of 2021 pending on the learned Additional Subordinate Judge, Tiruchengode, Namakkal District to learned Subordinate Judge, Sankari, Salem District. For Petitioner : Mr.T.S.Arthanareeswaran

O R D E R

The Transfer Civil Miscellaneous Petition is filed seeking transfer of suit in O.S.No.198 of 2021 filed by the petitioner on the file of Additional 1/4

Subordinate Judge, Tiruchengode, Namakkal District to the file of Subordinate Judge, Sankari, Salem District.

2. The petitioner filed a suit in O.S.No.198 of 2021 for recovery of money based on the mortgage before the Additional Subordinate Court, Tiruchengode. Now, the petitioner filed instant transfer application stating that only Court at Sankari has got territorial jurisdiction and the plaint has been erroneously filed before the Additional Subordinate Court, Tiruchengode and therefore, the suit has to be transferred to Subordinate Court, Sankari.

3. In view of the specific averment made by the petitioner/plaintiff that the suit has been erroneously filed before the Additional Subordinate Court, Tiruchengode, the Additional Subordinate Court, Tiruchengode is directed to consider the objection of the petitioner with regard to the territorial jurisdiction of said Court and if it finds the plaint ought not have been entertained before the Additional Subordinate Court, Tiruchengode, the plaint shall be returned to the petitioner for the purpose of representation before the Court having territorial jurisdiction. 2/4

4. Accordingly, the Transfer Civil Revision Petition is disposed of. No costs. Consequently, the connected civil miscellaneous petition is closed. 27.11.2025 Index : Yes / No Speaking order : Yes / No : Yes / No dm To 1.The Additional Subordinate Judge, Tiruchengode, Namakkal District.

2.The Subordinate Judge, Sankari, Salem District.

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S.SOUNTHAR, J.

dm 27.11.2025 4/4