Madras High CourtAS(MD)/198/2017closed

R. Vanithalakshmi v. N. Ovi Reddy

2022-02-28Honourable Ms Justice R.N.Manjula2 pages

AS(MD) No.198 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand and Twenty Two PRESENT The Hon`ble Ms.Justice R.N.MANJULA AS(MD) No.198 of 2017 AND CMP(MD) No.11329 of 2017 R.VANITHALAKSHMI ... APPELLANT/DEFENDANT Vs N.OVI REDDY ... RESPONDENT/PLAINTIFF Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside the Judgment and Decree made in O.S.No.27 of 2014 on the file of the Sub Court, Virudhunagar, dated 19.07.2017, by allowing the First Appeal.

Prayer in CMP(MD). 11329/ 2017 :

To Stay all further proceedings in O.S.No.27 of 2014 on the file of the Sub Court, Virudhunagar, pending disposal of the above first appeal.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.M.ASHOK KUMAR, Advocate for the petitioner and of M/S.S.MAHALAKSHMI, Advocate on behalf of the Respondent the court made the following order:- The learned counsel appearing for the appellant filed a memo stating that this Appeal Suit has been wrongly filed before this Court instead of filing before the Principal District Court, Virudhunagar at Srivilliputhur, which has the pecuniary jurisdiction. The learned counsel for the appellant submits that pecuniary value of the suit is Rs.5,42,000/-, which is below Rs.10,00,000/-. Therefore, the appropriate Court, which has got the pecuniary jurisdiction is Principal District Court, Virudhunagar at Srivilliputhur.

2.In view of the submission made by the learned counsel for the appellant, this appeal suit is ordered to be transferred to Principal District Court, Virudhunagar at Srivilliputhur forthwith. https://hcservices.ecourts.gov.in/hcservices/ 1/2

AS(MD) No.198 of 2017 In the event of the appeal is transferred to Principal District Court, Virudhunagar at Srivilliputhur, the learned jurisdictional judge is directed to issue notice to the respondents and to dispose of the appeal on merits and in accordance with law, within a period of two months from the date of receipt of records. 3.Registry is directed to transfer the Appeal Suit to the Principal District Court, Virudhunagar forthwith along with a copy of this order.

sd/- 28/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL DISTRICT JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

2 THE SUBORDINATE JUDGE, VIRUDHUNAGAR.

COPY TO 1 THE REGISTRAR (JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

2 THE SECTION OFFICER, V.R SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3 THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN AS(MD) No.198 of 2017 AND CMP(MD) No.11329 of 2017 Date :28/02/2022 RS/VR/SAR.4(09.03.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2