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Madras High CourtTR CMP/1339/2025dismissed

S. Prakash v. P. Lakshmi

2025-12-15Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-12-2025

CORAM

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and CMP Nos.30959 & 30961 of 2025 S. Prakash

...Petitioner

Vs

1. P. Lakshmi 2.M. Shanthamani 3.M. Easwari 4.The Sub Registrar Office of the Palladam Sub Registrar Palladam.

5.Samathal Respondent(s) PRAYER Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure Code, 1908 praying to withdraw and transfer the suit in O.S No.164 of 2020 on the file of the learned I Additional Sessions Judge at Tiruppur to the Court of the II Additional Sessions Judge, Tiruppur on which file OS No.196 of 2020 is pending.

For Petitioner(s):

Mr.T.Shunmugarajeswaran

ORDER

This Transfer Civil Miscellaneous Petition has been filed under Section 24 C.P.C., by the petitioner seeking transfer of O.S.No.164 of 2020 from the file of the I Additional Sessions Court, Tiruppur to the file of the II Additional Sessions Court, Tiruppur, where O.S.No.196 of 2020 is stated to be pending.

2. Both the Courts between which transfer is sought are within the same District Judiciary. Under Section 24(1)(a) CPC, the Principal District Judge is competent to consider transfers between Courts Subordinate to that District Court. No special or exceptional ground is made out for invoking the jurisdiction of this Court at the first instance when an efficacious statutory remedy before the Principal District Judge is available. On this short ground, the Transfer Civil Miscellaneous Petition is not entertained and is dismissed. Consequently, the connected C.M.P.s. also stands dismissed.

3. Liberty is reserved to the petitioner to work out remedies before the competent forum in accordance with law. All contentions on merits are left open. No costs.

15-12-2025 jai

Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. I Additional Sessions Judge at Tiruppur.

2. II Additional Sessions Judge, Tiruppur.

3. The Sub Registrar Office of the Palladam Sub Registrar Palladam.

1.The Sub Registrar Office of the Palladam Sub Registrar Palladam.

2.I Additional Sessions Judge at Tiruppur.

3.The II Additional Sessions Judge, Tiruppur.

Dr.A.D.MARIA CLETE, J.

jai TR CMP No. 1339 of CMP Nos.30959 & 30961 of 2025 15-12-2025