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Madras High CourtTR CMP/688/2023allowed

Devarajan v. Thulasi @ Pankajam

2024-04-04Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Tr.CMP.No.688 of 2023 and CMP.No.16848 of 2023

1. Devarajan S/o. Late Damodaran Pillai

2. Kalaiselvi D/o. Devarajan

3. Parthasarathy S/o. Devarajan

4. Kalaivani D/o. Devarajan ... Petitioners vs

1. Thulasi @ Pankajam W/o. Chandran

2. Dhanalakshmi @ Kutti Ammal D/o. Late Damodaran Pillai .. Respondents PRAYER:- The Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw O.S. No.231 of 2014 pending on the file of Subordinate Court, Arakkonam and transfer the same to the file of the Subordinate Court, Alandur. For Petitioner : Mr. C.P. Hemkumar for M/s. Ganesh and Ganesh For Respondent : Mr. R. Sankarasubbu [for R1] Mr. S.E. Ganesh [for R2] 1/4

ORDER

The petition has been filed to withdraw O.S. No.231 of 2014 pending on the file of Subordinate Court, Arakkonam and transfer the same to the file of the Subordinate Court, Alandur.

2. Heard Mr. C.P. Hemakumar for M/s. Ganesh and Ganesh, learned counsel appearing for the petitioner and Mr. R. Sankarasubbu, learned counsel appearing for the 1st respondent and Mr. S.E. Ganesh appearing for the 2nd respondent.

3. This transfer Civil miscellaneous petition seeks to transfer the case from the file of Subordinate Court, Arakkonam to the file of Subordinate Court, Alandur. The suit in O.S. No.17 of 2013 was presented before the Subordinate Court [Camp Court], Arakkonam. Subsequently, it was re-numbered as O.S. No.231 of 2014 before the regular Court.

4. A perusal of the list of property shows that almost all the properties are situated within the jurisdiction of Alandur. Apart from one 2/4

property which is situated within the jurisdiction of Sub Court at Arakkonam. The Suit is for partition and all the parties, including the parties, are residing at Alandur.

5. Therefore considering the over all circumstances, O.S. No.231 of 2014 on the file of Subordinate Court, Arakkonam is withdrawn and transferred to the file of Subordinate Court at Alandur. No costs. The connected miscellaneous petition is closed.

04.04.2024 Index:Yes/No Speaking order/Non-speaking order mjs To

1. The Subordinate Court, Arakkonam

2. The Subordinate Court, Alandur.

3/4

V. LAKSHMINARAYANAN,J.

mjs Tr. CMP. No.688 of 2023 04.04.2024 4/4