Madras High CourtTR CMP(MD)/450/2015closed

Arumugam v. Badhurinnisha Bee,

2016-04-13Honourable Ms.Justice V.M.Velumani2 pages

9BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2016

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P(MD)No.450 of 2015 and M.P.(MD).No.1 of 2015 Arumugam ... Petitioner Vs.

1.Badhurinnisha Bee 2.Ilimiya Begam ... Respondents Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to transfer the suit in O.S.No.194 of 2015 on the file of the District Munsif, Thuraiyur to any other Munsif Court within the jurisdiction of the Principal District Court, Trichy and allow this revision petition. For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.A.Arumugam

ORDER

The Transfer Civil Miscellaneous Petition is filed to transfer the suit in O.S.No.194 of 2015 on the file of the District Munsif, Thuraiyur to any other Munsif Court within the jurisdiction of the Principal District Court, Trichy.

2.The petitioner is defendant and the respondents are plaintiffs. The respondents/plaintiffs filed suit in O.S.No.194 of 2015 for injunction. Along with suit, the respondents also filed I.A.N o.683 of 2015 for appointment of an Advocate Commissioner to measure the property. The said application was ordered and Advocate Commissioner was appointed. Against that order, the petitioner filed C.R.P.No.1677 of 2015. Now, the petitioner has come out with the present Tr.C.M.P on the ground that pending C.R.P, prayed for stay of the proceedings and transfer the suit from the file of the District Munsif, Thuraiyur to any other Munsif Court within the jurisdiction of the Principal District Court, Trichy.

3.Today, when the matter is taken up, both the learned counsel for the petitioner and the learned counsel for the respondents submitted that already C.R.P.No.1677 of 2015 was disposed of https://hcservices.ecourts.gov.in/hcservices/

stating that nothing survives in the C.R.P.

4.In the circumstances, Tr.C.M.P is not maintainable. Hence, this petition is closed. No costs. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To The District Munsif, Thuraiyur.

+ 1 CC TO MR.K.MUTHUMALAI, ADVOCATE IN SR NO. 21486 + 1 CC TO MR.S.MUTHUKRISHNAN, ADVOCATE IN SR NO.20650 NS TE/SKS-RR/ : 29/04/2016 : 2P/4C Tr.C.M.P(MD)No.450 of 2015 and M.P.(MD).No.1 of 2015 13.04.2016 https://hcservices.ecourts.gov.in/hcservices/