Karunambal (Died) Sivanandam (Died) v. M.A.Rajarathina Mudaliar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.Nos.792 & 793 of 2019 Tr.C.M.P. No.792 of 2019 Karunambal (Died) Sivanandam (Died) 1.Kothandam @ Kothandapani 2.Thirupurasundari
...Petitioners in
Tr. CMP. No.792/2019 vs.
1.M.A.Rajarathina Mudaliar Balu (died) Krishnaveniammal (died) Veeraraghavan (died) Purushothaman (died) 2.Elumalai 3.Maheswari 4.Dharani 5.Dhanasekaran 6.Rukmani 7.Shenbagavalli 8.Devi (died) 9.Sakunthala (died) 10.Lakshmi 11.Mallika 12.Selvambigai 13.Mohanalakshmi 14.Padmavathi 15.P.Rajakumar 16.P.Srinivasan 17.Somasundaram 18.Lalitha 19.Dayalan (Respondents 18 & 19 brought on record as LRs of deceased R8 viz.Devi vide court order dated 18.12.2019 made in C.M.P.
No.27156/2019) 20.Velu
...Respondents
(R20 brought on record as LR of deceased R9 viz. Sakunthala vide Court Order dated 18.12.2019 made in C.M.P. No.27168/2019 in Tr.C.M.P. No.792/2019)
Tr.C.M.P. No.793 of 2019 Karunambal (Died) 1.Kothandam @ Kothandapani 2.Thirupurasundari
...Petitioners in
Tr. CMP. No.793/2019 vs.
Krishnaveniammal (died) Veeraraghavan (died) Purushothaman (died) 1.Elumalai 2.Maheswari 3.Dharani 4.Dhanasekaran 5.Rubendran 6.Aunthoni 7.Venkatesan 8.Natarajan 9.Rukmani 10.Shenbagavalli Devi (died) Sakunthala (died) 11.Lakshmi 12.Mallika 13.Selvambigai 14.Mohanalakshmi 15.Padmavathi 16.P.Rajakumar 17.P.Srinivasan 18.Somasundaram
...Respondents
Prayer in Tr.C.M.P. Nos.792 & 793 of 2019 Transfer Civil Miscellaneous Petitions filed under Section 24 of C.P.C., to withdraw O.S. Nos.51 of 2003 and 174 of 1998 from the file of Sub Court, Ponneri and transfer the same to any other City Civil Court, Chennai.
For Petitioner : Mr.B.Gopalakrishnan in both cases For Respondent : Mr.R.Krishnaswamy for R2 to R5 in both cases COMMON ORDER When the matter is taken up for hearing, Mr.R.Krishnaswamy, learned counsel appearing for the respondents 2 to 5 submitted that he does not have any objection for the suits being transferred, provided, the suits are alive as on date. It is his further contention that the suits have been dismissed for default, due to non-appearance of the petitioners herein/plaintiffs and that some of the defendants have already died and their LRs have to be brought
on record, no relief in the present transfer civil miscellaneous petition, can be granted.
2. The learned counsel appearing for the petitioners would submit that he has already filed a petition to set aside the judgment and to restore the suits on file and that the matter has got to be heard.
3. Heard both sides and perused the materials available on record.
4. Taking note of the submissions of both parties and more particularly, the submission made by Mr.R.Krishnaswamy, learned counsel appearing for the respondents 2 to 5 that, as the suits have been dismissed for default and some of the defendants are no more, unless and until the suits are restored on file, the relief sought for in the application for transfer, cannot be granted. Since he has no objection for the matters being transferred in case the suits are restored, this court closes the present transfer civil miscellaneous petitions, with liberty to file fresh transfer civil miscellaneous petitions, if the suits are restored on file.
5. Accordingly, the present transfer civil miscellaneous petitions are closed, with liberty to file fresh transfer civil miscellaneous petitions, if the suits are restored on file. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Asr To The Subordinate Judge, Ponneri +1cc to Mr.B.Gopalakrishnan, Advocate, SR. No. 11470/2020 Tr.C.M.P.Nos.792 & 793 of 2019 SV(CO) RMP(20/07/2020)