Sri Ellena Education Trust v. Swamy'S Spiritual Service Trust

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 04.04.2025 Pronounced on : 05.06.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VADAMALAI and C.M.P(MD)No.1570 of 2025 1.Sri Ellena Education Trust rep. by Y.Balasubramaniam, At Ellanna School, Subburaj Nagar, Bodinayakkanur,Theni District.

2.Y.Balasubramaniam 3.Usha Ellammal ... Petitioners/Defendants Vs.

1.Swamy's Spiritual Service Trust, rep.by its Managing Trustee & Secretary Trustee, Mr.N.Shanmugam and Dr.R.Thangasamy, No.225, N.S.C.Bose Road, Chennai - 600 001.

2.Swamy's Charitable Service Trust, rep.by its Managing Trustee & Secretary Trustee, Mr.N.Shanmugam and Dr.R.Thangasamy, No.225, N.S.C.Bose Road, Chennai - 600 001.

... Respondents/Plaintiffs 1/6

PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case in O.S.No.678 of 2019 on the file of the City Civil Court, Chennai and transfer the same to the file of the Sub Court, Bodinayakkanur, Theni.

For Petitioners : Mr.K.Gokul For Respondents : Mr.C.K.M.Appaji

ORDER

This petition is filed by the petitioners U/s.24 of CPC, seeking for an order to withdraw the case in O.S.No.678 of 2019 pending on the file of the City Civil Court, Chennai and to transfer the same to the file of the Sub Court, Bodinayakkanur.

2. The learned counsel for the petitioners has submitted that the respondent shown the trust address at Chennai, has filed the suit against the petitioners' for declaration that the petitioners are strangers and restraining them from conducting Kumbabisegam at the suit temple situated at Bodinayakkanur. The respondents have shown three items of property, out of which two items are immovable properties situated at Bodinayakkanur and the third item is the office of trust having Chennai address. As per provisions of Section 20 of CPC, the suit has to be filed before the Bodinayakkanur where 2/6

the petitioners are residing and also the suit schedule immovable properties are situated. Moreover, the petitioners have already filed a suit in O.S.No.5 of 2022 before the Sub Court, Theni and the same was transferred to Bodinayakkanur jurisdiction and renumbered as O.S.No.90 of 2024. Suppressing these facts, the respondents filed the suit. Therefore, the petition is filed.

3. The learned counsel for the respondents submitted that the supplementary trust deed was registered at Sowcorpet and the trust office is functioning at Chennai. Hence, the respondents have filed the suit before the City Civil Court, Chennai. This transfer petition before this court is not maintainable and the same has only to be dealt with by the Principal Seat of the Madras High Court by relying on citation reported in 2007 (5) CTC 707 (K.Kavitha and Others vs. Subramanian @ V.S.Mani and Others).

4. In reply, the learned petitioners' counsel reiterated that they have already filed a suit before the Sub Court, Bodinayakkanur, in respect of issues in the case and the injunction sought regarding immovable properties, which are situated at Bodinayakkanur, so the transfer petition is maintainable before this Court.

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5. I have perused the material records, including an additional typed set of papers filed by the petitioners and citation filed by the respondents. On hearing both and on perusal of records, the immovable properties are situated at Bodinayakkanur as seen from the copy of the plaint in O.S.No.678 of 2019 on the file of the City Civil Court, Chennai and the same was not disputed by the respondents. They have also not disputed about the earlier suit filed by the petitioners. The trust office is registered at the Chennai address only on the basis of supplementary trust deed. The temple in dispute is situated at Bodinayakkanur and the defendants are also residing at Bodinayakkanur. So, the argument put forth by the petitioners quoting the provision of section 20 CPC is acceptable.

Moreover, the citation relied on by the respondents' side has been overruled in subsequent verdicts. Both the Principal Seat as well the Madurai Bench of Madras High Court have equal jurisdiction to entertain all cases. Considering the above facts and circumstances, this court is inclined to allow this petition and transfer the suit O.S.No.678 of 2019 from the file of the City Civil Court, Chennai and to transfer the same to the file of the Sub Court, Bodinayakkanur.

6. In the result, this Transfer Civil Miscellaneous Petition is allowed. The suit in O.S.No.678 of 2019 on the file of the City Civil Court, Chennai, is ordered to be withdrawn and the same is transferred to the file of the Sub Court, Bodinayakkanur. The learned Judge, City Civil Court, Chennai, is directed to transmit the entire records pertaining to the case in O.S.No.678 of 2019 to the transferee Court, within a period of two weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.

05.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No VSD To 1.The City Civil Court, Chennai.

2.The Sub Court, Bodinayakkanur.

3.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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P.VADAMALAI, J.

VSD Pre - Delivery Order made in and C.M.P(MD)No.1570 of 2025 05.06.2025 6/6