The Hon'ble Court dismissed a Transfer Civil Miscellaneous Petition filed under Section 24 of the CPC to transfer a suit from Nagercoil to Coimbatore/Mettupalayam/Udhagamandalam by rejecting the counsel's submission that the suit had already been decreed and thus the transfer was moot.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.04.2018
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
Tr.C.M.P.No.502 of 2017
1.Pandurengan
2.Manikandan
3.Karthikeyan
4.Satheesh Babu .. Petitioners
Vs.
1.K.Selvakumar
2.Soundara Pandian
3.Sasi @ Nagarajan .. Respondents
PRAYER: Petition has been filed under Section 24 of C.P.C., to withdraw the suit in O.S.No.83 of 2013 pending on the file of the Principal District Munsif, Nagercoil and transfer the same to any of the Courts of the District Munsif at Coimbatore or Mettupalayam or Udhagamandalam.
For Petitioners : Ms.G.Snabnam for Mr.T.P.Manoharan For R1 : M/s.R.Vasudevan For R2 & R3 : Not ready in notice
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O R D E R
This Petition is filed to withdraw the suit in O.S.No.83 of 2013
pending on the file of the Principal District Munsif, Nagercoil and transfer the same to any of the Courts of the District Munsif at Coimbatore or Mettupalayam or Udhagamandalam.
2.When the matter is taken up for hearing, the learned counsel for the petitioners submitted that the suit itself has been decreed and nothing survives in this Transfer Civil Miscellaneous Petition.
3.Recording the submission made by the learned counsel for
the petitioners, this Transfer Civil Miscellaneous Petition is dismissed. No costs.
09.04.2018
gsa
To
The Principal District Munsif, Nagercoil
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V.M.VELUMANI,J.
gsa
Tr.C.M.P.No.502 of 2017
09.04.2018
1 issue framed by the court
Whether a transfer petition under Section 24 of C.P.C. survives when the underlying suit has already been decreed.
Pandurengan and others
K.Selvakumar and others
V.M.VELUMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
