Madras High CourtTR CMP/85/2023dismissed

Chandrasekaran v. Rajamohan

2025-02-14Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and C.M.P.No.1957 of 2023 1.Chandrasekaran 2.Marisamy ... Petitioners Vs.

Rajamohan ... Respondent Prayer:- Transfer Petition is filed under Section 24 of the CPC to withdraw the OS.No.28 of 2020 on the file of the Additional District and Sessions Court, Mayiladuthurai and transfer the same to City Civil Court, Chennai.

For Petitioner : M/s.U.Kathiravan For Respondent : M/s.T.Padmanabhan 1/4

O R D E R

The above Petition is filed to withdraw and transfer OS.No.28 of 2020 pending on the file of Additional District and Sessions Court, Mayiladuthurai to the City Civil Court, Chennai.

2. Suit OS.No.28 of 2020 has been filed by the respondent/plaintiff seeking to declare the sale deed executed by the 1st petitioner/1st defendant in favour of the 2nd petitioner/2nd defendant as document number 2151 of 2018 on the file of the Sub Registrar, Mayiladuthurai as null and void and to hand over possession of the property into which they have trespassed on the strength of the above-referred sale deed.

3. Heard the counsels on either side and perused the records.

4. The suit is one for land and has been rightly instituted on the file of the Additional District and Sessions Court, Mayiladuthurai as the subject property is situate at Mayiladuthurai. No part of the cause of action or the property is situate within the jurisdiction of the City Civil Court, Chennai. Therefore, the request for transferring the 2/4

aforesaid suit O.S.No.28 of 2020 from the file of the Additional District and Sessions Court, Mayiladuthurai to the file of the City Civil Court, Chennai is not maintainable.

5. Accordingly, the Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

14.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Additional District and Sessions Court, Mayiladuthurai 2.The City Civil Court, Chennai.

P.T. ASHA . J., 3/4

(shr) and C.M.P.No.1957 of 2023 14.02.2025 4/4