Madras High CourtTR CMP(MD)/164/2023withdrawn dismissed

L. Harikrishnan v. R. Jeyagowri

2023-04-28Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)Nos.3631 and 3632 of 2023 Tr.C.M.P.(MD)No.164 of 2023:- 1.L.Harikrishnan 2.Santhanakrishnan .. Petitioners

Versus

1.R.Jeyagowri 2.R.Sulochana 3.R.Subbu Lakshmi 4.R.Venkateswaran 5.Jeevarathinam Harikrishnan 6.L.Santhana Lakshmi 7.Sona Reddy 8.S.Illangovan 9.The Manager, Tamilnadu Grama Bank, Madurai Road, Virudhunagar.

10.The Bank Manager, Tamilnadu Grama Bank, Perungulathur Branch, Near Tambaram, Chengalpattu District.

.. Respondents 1/5

Prayer :- Petition filed under Section 24 of C.P.C., to transfer O.S.No.29 of 2023, pending on the file of the Principal District Court, Srivilliputhur at Virudhunagar District to be tried and heard along with O.P.No.160 of 2022, pending before the II Additional District Court, Tiruchirappalli.

For Petitioners :

Mr.B.Raviraja For R1 :

Mr.G.Marippan For R2, R6 and R7 :

No Appearance For R4 :

Mr.S.Balasubramanian For R9 and R10 :

Mr.M.Thirunavukkarasu Tr.C.M.P.(MD)No.165 of 2023:- R.Jeyagowri .. Petitioner

Versus

1.T.L.Harikrishnan 2.R.Sulochana 3.R.Subbu Lakshmi 4.R.Venkateswaran 5.Jeevarathinam Harikrishnan .. Respondents Prayer :- Petition filed under Section 24 of C.P.C., to withdraw Probate O.P.No.160 of 2022, on the file of the II Additional District Court, Tiruchirappalli District, and to transfer the same to the Additional District Court, Virudhunagar District and direct the learned Additional District Judge, Virudhunagar District, to dispose of the above Probate O.P.No.160 of 2022, filed by the first respondent along with the suit in O.S.No.29 of 2023, within a time frame.

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For Petitioner :

Mr.K.Seenu Ramachandran For R1 to R3 and R5 :

No Appearance For R4 :

Mr.S.Balasubramanian COMMON ORDER The learned counsel for the petitioners in Tr.C.M.P.(MD)No.164 of 2023 submitted that the said Transfer Civil Miscellaneous Petition may be dismissed as withdrawn. Consequently, Tr.C.M.P.(MD)No.165 of 2023 may be allowed. 2.Recording the above said submission, Tr.C.M.P.(MD)No.164 of 2023 stands dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

3.Tr.C.M.P.(MD)No.165 of 2023 stands allowed. Consequently, O.P.No.160 of 2022, pending on the file of the II Additional District Court at Tiruchirappalli, shall stand transferred to the file of the Additional District Court, Virudhunagar District, to be tried along with O.S.No.29 of 2023 filed by the petitioner in Tr.C.M.P. (MD)No.165 of 2023. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes/No 28.04.2023 Index : Yes/No Internet : Yes/No smn2 3/5

To 1.The Principal District Judge, Srivilliputhur at Virudhunagar District.

2.The II Additional District Judge, Tiruchirappalli District.

3.The Additional District Judge, Virudhunagar District.

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C.SARAVANAN, J.

smn2 Common Order made in 28.04.2023 5/5