A.M.Diwakaran v. Gunavelan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.A.M. Diwakaran 2.A.M. Prabhakaran 3.A.M. Baskaran ... Petitioners Vs.

1.Gunavelan 2.Saraswathy 3.Sujatha 4.Kalaiselvi 5.Tamilarasan @ Ezhilarasan 6.Gowthami 7.Vijayalakshmi 8.Paranthaman 9.Rathinakar 10.Kavitha 11.Madhan @ Manmadan 12.Ubendiran 13.The Thasildhar, Katpadi Taluk, Katpadi - 632 007.

... Respondents 1/4

Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to withdraw the Original Suit in O.S.No.99 of 2021 on the file of First Additional District and Sessions Judge, Vellore and transfer the same to the District Court at Chennai.

For Petitioners : Mr.P.B. Suresh Babu For Respondents : Dr.S.Suriya, for R13 Additional Government Pleader

O R D E R

This petition has been filed to withdraw the Original Suit in O.S.No.99 of 2021 on the file of First Additional District and Sessions Judge, Vellore and transfer the same to the Court at Chennai. 2.

Though, the petitioners herein sought for transfer of suit filed in O.S.No.99 of 2021 from the file of First Additional District and Sessions Court, Vellore to Court at Chennai, the learned counsel for the petitioners submitted that they will be satisfied if, a direction is issued to the Court below to dispose of the petition filed by them to reject the plaint in I.A.No.1 of 2022. 2/4

3.

In view of the limited prayer made by the petitioners, this Court is inclined to dispose of this Tr.C.M.P., even without notice to the respondents to dispose of the petition filed by the petitioners in I.A.No.1 of 2022 under Order 7 Rule 11 of CPC, to reject the plaint as expeditiously as possible, preferably, within a period of four months from the date of receipt of copy of this order.

4.

With the above direction, this Tr.C.M.P.No.773 of 2022 is disposed of. No Costs.

14.10.2022 Index : Yes / No Internet : Yes / No AT 3/4

S.SOUNTHAR , J.

AT To 1.The First Additional District and Sessions Judge, Vellore. 2.The Thasildhar, Katpadi Taluk, Katpadi - 632 007.

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