Madras High CourtTR CMP/86/2009dismissed

Nazeer Ahmed v. O. Kairunnissa

2018-09-03Honourable Ms. Justice P.T. Asha2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2018

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Tr.C.M.P.No.86 of 2009 1.Nazeer Ahmed 2.Safurama .. Petitioners/Defendants 2to4

Versus

1.O.Kairunnissa ..Respondent-1/Plaintiff 2.Ameerunnisa ..Respondent-2/Defendant-1 3.Arifa Begum ..Respondent-3/Defendant-3 4.Branch Manager, State Bank of India, Ambur Branch, Nataji Road, Ambur, Vellore District.

5.Branch manager, Canara Bank, Ambur Branch, Ambur, Vellore District.

6.Branch Manager, Syndicate Bank, Ambur Branch, Ambur, Vellore District, 7.Branch Manager, Life Insurance Corporation, Vaniyambadi Branch, Vaniyambadi, Vellore District.

.. Respondents 4to7/ Defendants 5 to 8 PRAYER: Petition filed under Section 24 of the Code of Civil Procedure to withdraw O.S.No.173 of 2008 pending on the file of the learned Sub Judge, Tirupattur and to transfer the same to the learned Principal District Munsif, Ambur. For Petitioners:

Mr.T.Karunakaran For Respondents: Mr.C.K.M. Appaji for R1 R2 to R7 - given up https://hcservices.ecourts.gov.in/hcservices/

ORDER

This petition has been filed to withdraw O.S.No.173 of 2008 pending on the file of the learned Sub Judge, Tirupattur and to transfer the same to the learned Principal District Munsif, Ambur.

2.From the records, it is seen that earlier by reason of an amendment in I.A.No.124 of 2007 in O.S.No.158 of 2006, the pecuniary value of the suit has been enhanced and therefore, by an administrative order, the suit was transferred to the Sub Court, Tirupattur. Once the pecuniary value is increased, the District Munisif, Ambur, ceases to have jurisdiction over the subject matter of the suit and the learned Judge has rightly dismissed the request for transfer. I find no infirmity in the order passed by the learned Sub Judge, Tiruppattur. Accordingly, this petition is dismissed.

Sd/- Assistant Registrar(CS -VII) //True Copy// Sub Assistant Registrar dua/mps To The Sub Judge, Tirupattur.

Tr.C.M.P.No.86 of 2009 KJI(CO) EU(31/10/2018) https://hcservices.ecourts.gov.in/hcservices/