Mr.Amir P Kinger v. C.Jayagopal

APPLICATION NO.4878 OF 2023 APPLICATION NO.4878 OF 2023 N.SATHISH KUMAR, J.

This application is filed to withdraw the Suit in O.S.No.4110 of 2019 on the file of VII Additional City Civil Court, Chennai and transfer the same to this Court.

2.Learned counsel for the applicant submits that originally the said Suit has been filed before this Court after obtaining leave of this Court in A.No.2633 of 2016. However, in view of the cost and pecuniary jurisdiction, the same has been transferred to the City Civil Court and now, the same is pending before the VII Additional City Civil Court. 3.It is the contention of the learned counsel for the applicant that since leave has already been granted by this Court and the property is situated outside the jurisdiction of the City Civil Court, the Suit has to be tried by this Court and hence, seeks transfer of the same.

4.Despite the name of the respondent is printed in the cause list, none appears for the respondent.

https://www.mhc.tn.gov.in/judis 1/2

APPLICATION NO.4878 OF 2023 N.SATHISH KUMAR, J.

TK 5.Considering the fact that leave has already been granted by this Court and the property is situated outside the jurisdiction of the City Civil Court, this Court is of the view that the Suit has to be tried before this Court. Accordingly, the Suit in O.S.No.4110 of 2019 is withdrawn from the file of VII Additional City Civil Court, Chennai and transferred to this Court. 6.Registry is directed to renumber the same and post it in usual course.

13.10.2023 TK APPLICATION NO.4878 OF 2023 https://www.mhc.tn.gov.in/judis 2/2