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Madras High CourtTR CMP/946/2019withdrawn dismissed

P. Balakrishnan v. R.Vengidupathy

2020-09-14Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.09.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr.C.M.P.No.946 of 2020 and CMP.No.25742 of 2019 1.P.Balakrishnan 2.C.Sasikala ..

Petitioners/Defendants 1st & 2nd -vs1.R.Vengidupathy 2.The Sub-Registrar, Palladam, Tiruppur District. .. Respondents/Plaintiff, 3rd Defendant Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the O.S.No.565/2019 on the file of the I Additional District Court, Tiruppur and transfer the same to the District Munsif Court, Palladam, so as to be tried along with O.S.No.135/2018. For Petitioners::

Ms.Sriprada Abhinav for M/s.M.Aravind Subramanyam For Respondents::

Mr.R.Bharathkumar for R1 Mr.T.M.Pappiah, Spl.G.P. for R2

ORDER

The matter was taken up through video conferencing due to the Covid-19 pandemic.

2. This Transfer Civil Miscellaneous Petition has been filed by the petitioners, to withdraw the O.S.No.565/2019 on the file of the I Additional District Judge, Tiruppur and transfer the same to the District Munsif Court, Palladam, so as to be tried along with O.S.No.135/2018.

3.

When the matter was called, the learned Counsel for the petitioners seeks permission of this Court to withdraw the Transfer CMP.

https://hcservices.ecourts.gov.in/hcservices/ 4.

Learned Counsel for the 1st respondent also stated

that the prayer for transfer is not at all possible in this matter in view of the fact that there is no provision for transferring the pending civil suit from the District Court to Munsif Court in view of the pecuniary jurisdiction i.e. from higher forum to lower forum.

5.

Accepting the request of the learned Counsel for the petitioners, permission is granted to withdraw the present Transfer CMP. Accordingly, the Transfer CMP is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar tsi To

1. The I Additional District Judge, Tiruppur.

2. The District Munsif, Palladam.

+1cc to M/s.M.Aravind Subramanyam, Advocate SR.No.30063 +1cc to Mr.R.Bharathkumar, Advocate SR.No.29957 Tr.C.M.P.No.946 of 2019 NMI(CO) GMY(19/10/2020) https://hcservices.ecourts.gov.in/hcservices/