Allowed

G. Vaidurium v. M. Devadhasan

Madras HC21 Apr 2015TR CMP(MD)/341/2014

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a transfer petition under Section 24 of the CPC. The petitioner sought transfer of a partition suit from the Camp Sub-Court at Thirumangalam to the IV Additional District Court at Madurai because the amended suit value exceeded the pecuniary jurisdiction limit of the former court.

What did the court decide?

Withdrawal of O.S.No.122 of 2012 from the Sub Court at Thirumangalam and transfer to the IV Additional District Court, Madurai, with direction to transmit records within a week.

G. Vaidurium Vs M. Devadhasan — Property and Title | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2015 CORAM:

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THE HONOURABLE MS.JUSTICE V.M. VELUMANI

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Tr.C.M.P.(MD).No.341 of 2014

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G. Vaidurium : Petitioner/Plaintiff

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Vs.

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M. Devadhasan

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Soundararagavan

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Jeevanesan

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Sorna

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Reena

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Praveena : Respondents/Defendents

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Prayer: This Transfer CMP is filed under Section 24 of CPC praying to allow the above Tr.C.M.P and withdraw the case in O.S.No.122 of 2012 on the file of the Camp Sub court at Thirumangalam and transfer the same to competent Fast Track Court at Madurai.

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For Petitioner : Mr.L. Madhusudhanan

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For R-2 : Mr. T. Vadivelan For R-3 : Mr. PT.S. Narendravasan For R1, 4 and 5 : No appearance

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O R D E R

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This Tr.C.M.P is filed to withdraw the case in O.S.No.122 of 2012 on the file of the Camp Sub court, Thirumangalam and transfer the same to competent Fast Track Court, Madurai.

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The petitioner has filed a suit in O.S.No.122 of 2012 for partition of certain properties. Due to value of the property, the suit was filed before the Sub Court, Thirumangalam (Camp Court). Subsequently, the the petitioner by way of amendment included certain other properties for partition. Because of amendment, the value of the suit increased to more than Rs.10,00,000/-. The Sub Court, Thirumangalam (Camp Court) has no pecuniary jurisdiction to try partition suit value of more than Rs.10,00,000/-. Therefore, the petitioner has filed the present petition for transferring the case from the file of the Sub court at Thirumangalam (Camp Court) to any other competent Fast Track Court at Madurai.

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Notice served on the respondents 1,4,5 and 6 and their names also printed in the cause list. They have not chosen to appear either in person or through their counsel.

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https://hcservices.ecourts.gov.in/hcservices/

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The learned counsel appearing for the respondents 2 and 3 have no objection for transferring the case.

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Considering the fact that after amendment of plaint and adding of

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more properties, the value of suit had increased to more than Rs.10,00,000/-. The Sub Court, Thirumangalam (Camp Court) has no pecuniary jurisdiction to try the suit for partition. In such circumstances, the Transfer Civil Miscellaneous Petition is allowed and the suit in O.S.No.122 of 2012 pending on the file of the Sub Court, Thirumangalam (Camp Court) is ordered to be withdrawn and transferred to the file of the IV Additional District Court, Madurai, for disposal in accordance with law. The Sub Court, Thirumangalam (Camp Court) is directed to transmit the entire records pertaining to the case in O.S.No.122 of 2012 to the transferee Court, within a week from the date of receipt of a copy of this order. No costs.

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Sd/-

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Assistant Registrar(Per.Admn)

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\True copy\

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Sub Assistant Registrar

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The Sub-Judge, Thirumangalam (Camp Court) 2.IV Additional District Judge, Madurai, +1cc to Mr.L.Madhusudhanan,Advocate, SR.No.20461

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Tr.C.M.P.(MD).No.341 of 2014 21.04.2015

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trp

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NA/11/05/2015/P2/4C

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https://hcservices.ecourts.gov.in/hcservices/

G. Vaidurium v. M. Devadhasan

Case brief

What is this about?

What did the court decide?

G. Vaidurium v. M. Devadhasan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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