Petitioner sought transfer of a civil suit from District Court Tiruppur to Coimbatore. Respondents raised no objection. The High Court ordered the transfer without deciding the merits, directing the Trial Court to transmit records.
Suit transferred from District Court Tiruppur to District Court Coimbatore within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2017
CORAM :
THE HONOURABLE MS. JUSTICE V.M.VELUMANI
Tr.C.M.P. No.830 of 2016 and C.M.P.No.20546 of 2016
M.Shanmugasundaram ..Petitioner/Plaintiff Vs. 1. D.Pandiyaraj 2. M.Yayashree 3. S.Manohar ..Respondents/Defendants Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw and transfer of the Original Suit in OS.No.85 of 2013 on the file of the Court of District Judge, Tiruppur to the Court of District Judge, Coimbatore.
For Petitioner : Mr.P.Ulaganathan
For RR 2 & 3 : V.Jaya Chandran & Associates
For 1 st Respondent : No Appearance
O R D E R
The petitioner has filed the present transfer petition to transfer OS.No.85 of 2013 pending on the file of the District Court, Tiruppur to the District Court, Coimbatore.
transferred to the file of the District Court, Coimbatore, to be tried along with another Suit in OS.No.127 of 2016. The learned District Judge, Tiruppur is directed to transmit all the records pertaining to the suit in OS.No.85 of 2013 to the file of the District Court, Coimbatore, within a period of two weeks from the date of receipt of a copy of this order. Both the said suits shall be disposed of by the learned District Judge, Coimbatore, on merits and in accordance with law, within a period of six months from the date of receipt of records in OS.No.85 of 2013.
1 issue framed by the court
Whether the suit pending in District Court Tiruppur should be transferred to District Court Coimbatore given the respondents' no objection and identity of subject matter.
M.Shanmugasundaram
D.Pandiyaraj
M.Yayashree
S.Manohar
V.M.Velumani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
