Madras High CourtTR CMP/1103/2023dismissed

S. Parimala v. Dr.T. Nirmala

2023-12-12Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.No. 1103 of 2023 and C.M.P.No. 26451 of 2023 S. Parimala ... Petitioner Vs.

1.Dr. T.Nirmala 2.The Branch Manager, Axis Bank Ltd., Thudialur Branch, No.SF.45, Mettupalayam Road, Vada Madurai, Coimbatore - 641 017.

3.The Post Master, Thuduialur Post Office, Thudialur, Coimbatore - 641 034.

4.India First Life Insurance Company Ltd., New No.14, TSS Plaza, (1st Floor), Arcot Road, Vadapalani, Chennai - 600 026.

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5.The Manager, Reserve Bank Employees Cooperative Bank Ltd., No.1, R.B. Annex Building, Sourt Beach Road, Rajaji Salai, Chennai - 600 001.

... Respondents PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of C.P.C., praying to withdraw and transfer the O.S.No.657 of 2020 on the file of I Additional District Munsif Court, Coimbatore to City Civil Court, Chennai.

For Petitioner : Ms. Meenasundar

O R D E R

The petitioner seeks transfer of O.S.No. 657 of 2020 on the file of I Additional District Munsif Court, Coimbatore to the City Civil Court, Chennai.

2. The revision petitioner is the fifth defendant in the suit. The petitioner seeks transfer of O.S.No.657 of 2020 on the file of I Additional District Munsif Court, Coimbatore to the City Civil Court, Chennai on the 2/4

ground that she is living at Chennai and she is not able to attend the Court hearings by travelling.

3. On seeing the fact that the petitioner is aged about only 36 years old, she can very well travel. Most of the defendants and plaintiff is at Coimbatore and as per her own averments, she was doing household work in the house of Thirunavukkarasu, who is the father of the plaintiff / first respondent herein, therefore, the cause of action arose at Coimbatore. The reason assigned by the petitioner, as such is not accepted, as she is aged about only 36 years old, she can able to travel. Therefore, this Court is not inclined to transfer the suit.

4. In the result, the Transfer Civil Miscellaneous Petition is dismissed as no merits. No costs. Consequently, connected miscellaneous petition is closed.

12.12.2023 Index : Yes / No AT 3/4

T.V.THAMILSELVI, J.

AT To

1. The I Additional District Munsif Court, Coimbatore.

2. The City Civil Court, Chennai.

Tr.C.M.P.No. 1103 of 2023 and C.M.P.No. 26451 of 2023 12.12.2023 4/4