Madras High CourtTR CMP(MD)/76/2023allowed

B. Veena, v. A.K.Raja,

2023-03-15Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2023

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN and C.M.P(MD)No.1699 of 2023 1.B.Veena 2.Minor.B.Prathiksha 3.Minor.B.Prathish ... Petitioners 1to 3/ Defendants 1 to 3 (P2 and P3 are represented by Veena (Mother and natural guardian)) Vs.

A.K.Raja ... Respondent/ Plaintiff PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure, to withdraw the O.S. No. 236 of 2022 on the file of the Principal District Court, Theni and transfer the same to District Court at Thiruvannamalai.

For Petitioners : M/s.B.Muthumari For Respondent : M/s.M.Anbarasi 1/4

ORDER

The present transfer civil miscellaneous petition has been filed to transfer O.S. No. 236 of 2022 on the file of the Principal District Court, Theni to the file of the District Court at Thiruvannamalai.

2. The first petitioner is the wife of Late.R.Balamoorthy and has two minor children aged about 15 and 4 years. The respondent has filed O.S.No.236 of 2022 before the Principal District Court, Theni. Perhaps, the suit was filed on the ground that a part of cause of action has arisen in Theni where the first petitioner's husband and father of petitioners 2 and 3 borrowed money from the respondent/plaintiff.

3. O.S.No.236 of 2022 is a money suit. Considering the fact that the first petitioner is a widow with two minor children, the Court is inclined to allow this petition. Accordingly, O.S.No.236 of 2022 is directed to be transferred from Principal District Court, Theni to District Court, Thiruvannamalai. The District Court, Thiruvannamalai is directed to re-number the suit and bring closure to the proceedings on merits as expeditiously as possible preferably within a period of 12 months from 2/4

the date of receipt of copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

15.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Principal District Court, Theni.

2.The District Court, Thiruvannamalai.

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

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C.SARAVANAN ,J.

SN 15.03.2023 4/4