M.N.Velrajan v. P.Subbiah Rajesh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.N.Velrajan ... Petitioner vs 1.P.Subbiah Rajesh Kumar 2.R.S.Paramasivan 3.A.Jayamalini 4.C.Anandaraj 5.S.Manjula Jamuna Rani 6.G.Sheela Devi ... Respondents Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, praying to withdraw the suit in O.S.No.465 of 2016, on the file of Principal District Munsif Court at Alandur and to transfer the same to the file of the Hon'ble Additional District Court at Chengalpattu to be tried along with O.S.No.308 of 2019, on the file of the Hon'ble Additional District Court at Chengalpattu for further hearing. For Petitioner : M/s.P.Pradeep 1/4

For R1 & R2 : M/s.D.Senthil Kumar For R3, R4 & R6 : M/s.A.D.Janarthanan

ORDER

Mr.A.D.Janarthanan, the learned counsel appearing for 3rd, 4th and 6th respondents submits that the suit filed in O.S.No.465 of 2016 was dismissed for default on 23.10.2018 itself and the same is recorded.

2. Since the suit which is sought to be transferred under this transfer petition was already dismissed for default, nothing survives in this Transfer petition and hence this Transfer Civil Miscellaneous Petition is closed, giving liberty to the petitioner to renew the transfer petition in case the suit is restored to the file. No costs 22.09.2022 Index : Yes / No Speaking Order : Yes / No jai 2/4

To

1. The Principal District Munsif Court, Alandur.

2. The Additional District Court, Chengalpattu.

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S.SOUNTHAR , J.

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