Madras High CourtTR CMP(MD)/365/2023dismissed

S.Saravanan v. B.Raju

2023-07-17Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P(MD) No.7792 of 2023 S.Saravanan ... Petitioner Vs.

1.B.Raju 2.R.Asha 3.Rajammal 4.S.Murugan 5.The Sub-Registrar, Kodaikanal, Dindigul District.

6.The District Collector, Collectorate, Dindigul District.

... Respondents Prayer:- Transfer Civil Miscellaneous Petition filed under Section 24 r/w. 151 of the Code of Civil Procedure, 1908, to withdraw the case in O.S.No.40 of 2023 on the file of the District Munsif Court, Kodaikanal, Dindigul District Page No. 1 of 4

and transfer the same to the file of the Additional District Munsif Court, Dindigul, Dindigul District or any other competent civil court. For Petitioner : Mr.P.Gunasekaran

O R D E R

This Transfer Civil Miscellaneous Petition is filed by the petitioner who is the third defendant in O.S.No.40 of 2023, to withdraw the suit in O.S.No.40 of 2023 from the file of the District Munsif Court, Kodaikanal, Dindigul District and transfer the same to the file of the Additional District Munsif Court, Dindigul, Dindigul District or any other competent Civil Court.

2. The petitioner seeks for transfer of the case from the District Munsif Court, Kodaikanal to the Additional District Munsif Court, Dindigul which is in the same District. Though the Principal District Court and the High Court have concurrent jurisdiction, the petitioner has directly approached this Court without exhausting his remedy before the Principal District Court, Dindigul.

3. Therefore, the petitioner is directed to file appropriate petition before the Principal District Court, Dindigul for the said relief. Page No. 2 of 4

4. If such application is filed, the Principal District Court, Dindigul shall dispose of the application, on merits, expeditiously, within a period of two months thereafter.

5. This Transfer Civil Miscellaneous Petition is dismissed with the observations. No cost. Consequently, connected Miscellaneous Petition is closed.

17.07.2023 NCC :Yes/No Internet: Yes/No Index: Yes/ No jen To 1.The District Munsif Court, Kodaikanal, Dindigul District.

2.The Principal District Court, Dindigul District.

3.The Sub-Registrar, Kodaikanal, Dindigul District.

4.The District Collector, Collectorate, Dindigul District.

Page No. 3 of 4

K.GOVINDARAJAN THILAKAVADI, J.

jen and C.M.P(MD) No.7792 of 2023 17.07.2023 Page No. 4 of 4