Madras High CourtTR CMP/24/2012dismissed

M.P.Nethaji, Poa Rahamathunisa v. Mani

2016-03-02Honourable Mr Justice P.R.Shivakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2016

CORAM

THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR Tr. C.M.P. No.24 of 2012 and M.P.No.1 of 2012 M.P.Nethaji ... Petitioner General Power of Attorney of Rahamathunissa and Shahul Hameed Vs Kanniammal (deceased Devendran (deceased) 1.Mani 2.Arumugam 3.Ravi Mariappan (deceased) 4.Ponnappa Pillai Thulasi (deceased) Krishna (deceased) 5.Karima Biwi 6.Kabir Biwi (Asha Biwi) 7.Mymen Biwi 8.Kalki Anantha Narayanan 9.Ravi 10.Ramani Ammal 11.Raja Raman 12.Rahamathunisa 13.Raziunisa 14.Raziunnisa 15.Javidhusain 16.Akthurhusain 17.Amjathjusain 18.Iqbal Ahmed 19.Nazeer Ahmed 20.Mushtaq 21.D.Shanthi Bai Rep. by her Power of Attorney Deepchand ... Respondents (RR1 to 20 are given up) Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw O.S.No.1074 of 1982 on the file of the District Munsif Court at Poonamallee and transfer the same to the III Additional Judge, City Civl Court, Chennai to try along with O.S.No.12162 of 2010.

For Petitioner : Mr.S.T.Deiveegarajan for Mr.C.D.Suguma For 21st respondent : Mr.Ramesh Kumar Chopra RR 1 to 20 - Given up

ORDER

The petitioner herein/1st respondent in C.R.P.No.3768 of 2011 has filed the transfer civil miscellaneous petition for the transfer of O.S.No.1074 of 1982 from the file of the District Munsif Court, Poonamallee to the Court of III Additional Judge, City Civil Court, Chennai.

2. The petitioner has come forward with this petition under Section 24 of the Code of Civil Procedure to withdraw O.S.No.1074/1982 from the file of the District Munsif Court, Poonamallee and transfer the same to the file of the III Additional Judge, City Civil Court, Chennai to be tried along with O.S.No.12162/2010 pending on the file of the said court. Along with the petition, C.R.P.(PD) No.3768/2011 also stands posted for hearing. The said civil revision petition has been filed against the decree of the learned Subordinate Judge, Poonamallee dated 24.06.2010 made in C.M.A.No.19/2009, setting aside the order of the trial court dated 25.07.2007 made in I.A.No.2445/2003, by which the said interlocutory application had been dismissed by the trial court. The said application had been filed for setting aside the ex-parte decree dated 31.03.

1983 passed in the above said suit O.S.No.1074/1982 on the file of the District Munsif Court, Poonamallee. The above said civil revision petition has been allowed by this court today setting aside the decree of the lower appellate court and restoring the order of the trial court dismissing the application filed under Order IX Rule 13 CPC. In view of the order passed in C.R.P.(PD) No.3768/2011, the resultant position is that no suit in O.S.No.1074/1982 is pending on the file of the District Munsif Court, Poonamallee and it stands disposed of by the ex-parte decree dated 31.03.1983. As such, the present petition has become infructuous and the same is liable to be dismissed.

In the result, the transfer civil miscellaneous petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

gya/asr To 1.The III Additional District Judge, City Civil Court, Chennai 2.The District Munsif Court, Poonamallee +1cc to Mr.T.Murugamanickam, Advocate, S.R.No.13534 Tr.C.M.P.No.24 of 2012 and M.P.No.1 of 2012 RV(CO) CA(08/03/2016)