Dismissed

A.Kaleelullah v. a.Inayathullah

Madras HC29 Apr 2019TR CMP/16/2019

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras dismissed a transfer petition filed to move a civil miscellaneous application from the II Additional City Civil Court, Chennai. The court rejected the petitioner's grievance regarding the delay in receiving the certified copy for appeal.

What did the court decide?

The transfer petition was dismissed, the interim order of 18.02.2019 was vacated, and no costs were awarded.

A.Kaleelullah Vs a.Inayathullah — Civil Procedure and Limitation | Madras HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 29.04.2019

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THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

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TR C.M.P. No.16 of 2019 and C.M.P.No.839 of 2019 A.Kaleelullah ... Petitioner Vs. 1.A.Inayathullah Zulaikha Begum (Deceased) 2.A.Khader Basha Fathima Zehra Begum (Deceased) Mahboob Begum (Deceased) 3.Noorjehan Begum 4.Mumtas Begum 5.Asifa 6.Fathima Begum 7.Rahima 8.Sheik Riaz 9.Jumma Khan 10.Nazir Khan 11.Irfaan Khan 12.Ameer John 13.Rizwan Khan 14.Raz Khan

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

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15.Gulnar @ Sabiya

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... Respondents

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PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer the proceedings in I.A.No.16111 of 2013 in O.S.No.1802 of 2003 on the file of II Additional City Civil Court, Chennai to any other Additional City Civil Court, Chennai.

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For Petitioner : Mr.T.Nirmaleswar

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For Respondents: Mr.M.Balakrishna [for R1] Mr.R.Krishna Prasad [for R2] Service Awaited [RR3-5] Ex-parte [RR6-15]

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This Transfer Civil Miscellaneous Petition has been filed seeking transfer of I.A.No.16111 of 2013 in O.S.No.1802 of 2003 on the file of II Additional City Civil Court, Chennai to any other Additional City Civil Court, Chennai.

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The main grievance of the petitioner was that the trial Court has not issued the certified copy of the order enabling him to file an appeal or revision. Today it is reported that the certified copy was already dispatched to the petitioner and he is yet to file an appeal. Since the grievance of the petitioner has been redressed, he can workout his remedy in the manner known to law. It cannot be a ground for transferring the case.

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Considering the facts and circumstances of the case, this Court is not inclined to grant the relief prayed for. In result, the Transfer Civil Miscellaneous Petition is dismissed. The interim order granted on 18.02.2019 also stands vacated. No costs. Consequently, connected miscellaneous petition is closed.

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//True Copy//

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Sub Assistant Registrar

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

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bri

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1.The II Additional City Civil Court,
Chennai.
2.The Section Officer,
VR Section, High Court, Madras. (2 Copies)
+1cc to Mr.T.Nirmaleswar, Advocate Sr.41711
+1cc to M/S.Sarvabhauman Associates, Advocate Sr.42373
+1cc to Mr.S.Raghavan, Advocate Sr.42580
TR C.M.P. No.16 of 2019
and
C.M.P.No.839 of 2019
pm[co]
srg 03/07/2019

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

A.Kaleelullah v. a.Inayathullah

Case brief

What is this about?

What did the court decide?

A.Kaleelullah v. a.Inayathullah

Case brief

What is this about?

What did the court decide?

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