L.Subashini v. K.Govardhan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-01-2026
CORAM
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE TR CMP No. 426 of 2025 and CMP No.9903 of 2025 L.Subashini
...Petitioner(s)
Vs
1. K.Govardhan 2.M/s.Global Suhaimi India Private Limited Represented by its Directors No.102, Irrungattukottai Village, NH-4, Bangalore Highways, Sriperumbudur, Tamil Nadu-602 105.
3.M/s.BVL Exports Private Limited, Represented by its Directors, No.13-113, Kondepl Road, Tangatur, Prakasam District, Andhra Pradesh-523 274.
4.The Executive Officer, Sriperumbudur Panchayat Union, Sriperumbudur, Kancheepuram District.
5.B.Parimaladevi @ B.Basumathy, Kesavaramanujam (since died)
...Respondent(s)
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Prayer in Tr.CMP No.426 of 2025: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, pleased to withdraw and transfer O.S. No.144 of 2018 pending on the file of the District Munsif-cum-Judicial Magistrate at Sriperumbudur to Principal District Munsif Court at Alandur for its due disposal. Prayer in CMP No.9903 of 2025: Civil Miscellaneous Petition is filed under Section 151 of Civil Procedure Code, pleased to stay all further Proceedings in O.S.No.144 of 2018 on the file of the District Munsif-cum-Judicial Magistrate Court at Sriperumbudur pending disposal of the above Transfer Petition. For Petitioner(s) : Mr.G.V.Sridharan For Respondent(s) : Mr.R.Nandakumar for R1 R2- Notice dispensed with Mr.V.Sivalingam for R3 Mr.N.Muthuvel, Government Advocate for R4 Mr.M.Selvadurai for R5
ORDER
Heard.
2. This Transfer Civil Miscellaneous Petition is filed the by 3rd plaintiff seeking withdrawal and transfer of O.S. No.144 of 2018 from the file of the District 2/6
Munsif-cum-Judicial Magistrate, Sriperumbudur, to the Principal District Munsif Court, Alandur.
3. The suit is for declarations that the partition deed dated 13.01.2003, sale deeds dated 12.08.2004 and 13.02.2006, and the gift deed dated 22.08.2012 registered on 07.09.2012 are null and void, and for consequential permanent injunction. The suit schedule properties are stated to be situated at Sriperumbudur Taluk.
4. The petitioner seeks transfer mainly on the ground of hardship in attending the Court at Sriperumbudur, stating that she has to take care of her son, who is stated to have suffered major injuries and amputation, with 80% locomotor disability, and that the Court at Sriperumbudur is around 45 kms away with heavy traffic.
5. The first respondent resisted the transfer contending that the suit is partheard; the petitioner was examined as PW-1 on 26.03.2024, Exhibits A-1 to A-9 were marked, and cross-examination by the first defendant was completed on 14.10.2024; thereafter, PW-1 did not appear and the suit is being adjourned for cross-examination by the fourth defendant; and that the transfer petition is belated. It is also contended that records and witnesses are 3/6
within Sriperumbudur jurisdiction and the official respondent will face hardship if the suit is transferred to Alandur.
6. The suit relates to immovable properties stated to be situated within Sriperumbudur Taluk and the suit in the stage of cross examination of PW1. A transfer at this stage will only prolong the proceedings and cause avoidable inconvenience. Hence, no case is made out for transfer.
7. Accordingly, Tr.C.M.P. No.827 of 2025 is dismissed. Interim stay granted by this Court on 05.06.2025 shall stand vacated and C.M.P. No.9903 of 2025 is closed. There shall be no order as to costs. 07.01.2026 Index:Yes/No Internet:Yes dsn 4/6
To
1. The District Munsif-cum-Judicial Magistrate, Sriperumbudur.
2.The Principal District Munsif Court, Alandur.
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DR.A.D.MARIA CLETE dsn Tr.CMP No.426 of 2025 and CMP No.9903 of 2025 07.01.2026 6/6