Dismissed

Jeya W/O.Late Chelladurai v. Vellathai,(Died)

Madras HC18 Oct 2019TR CMP(MD)/258/2011

Case brief

AI extract

What is this about?

The High Court dismissed a petition seeking transfer of a partition suit from Sankarankovil to Madurai or Coimbatore. Finding no part of the suit property situated in the transferee courts and defendants not residing there, the court held that threats alone did not justify transfer.

What did the court decide?

Transfer of O.S.No.234 of 2010 from Sankarankovil to Madurai or Coimbatore dismissed.

Jeya W/O.Late Chelladurai Vs Vellathai,(Died) — Partition | Madras HC (2019)

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TR.C.M.P.(MD) No.258 of 2011

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019

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CORAM : THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.(MD) No.258 of 2011

1.Jeya

2.Minor Sudarsan

3.Minor Dhanusika

Minor petitioners 2 and 3 represented through their mother and natural guardian/1^st petitioner.

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... Petitioners/Respondents 1 to 3 vs.

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1.Vellathai (died) 2.Minor Maragatha Valli ... Respondents 1&2/Plaintiffs 1&2 3.T.Rajadurai 4.Thangaiah Thevar ... Respondents 3&4/Respondents 4&5

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5.Marithai

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5^th respondent has been impleaded vide order dated 21.10.2016 ... Respondents

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Prayer:- This Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the suit in O.S.No.234 of 2010 on the file of Principal District Munsif Court, Sankarankovil, Tirunelveli District and transfer the same either to the Principal District Munsif Court, Madurai or to any other competent Court having jurisdiction at Coimbatore.

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For Petitioner : Mr.Guhan for Mr.Saravanakumar For Respondent : R.J.Karthick for Mr.R.Subramanian

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ORDER

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The above Transfer Civil Miscellaneous Petition is filed by the defendants 1 to 3 in O.S.No.234 of 2010 filed by the deceased 1^st plaintiff for partition, seeking to transfer the suit O.S.No.234 of 2010 on the file of Principal District Munsif Court, Sankarankovil, Tirunelveli District either to the Principal District Munsif Court, Madurai or to any other competent Court having jurisdiction at Coimbatore.

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2.Pending the above transfer petition, the 1^st plaintiff, Vellathai died. The reasons for transferring the suit are that the defendants 1 to 3 are facing continuous threat to their life from https://hcservices.ecourts.gov.in/hcservices/

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TR.C.M.P.(MD) No.258 of 2011

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the plaintiffs and therefore, the defendants 1 to 3 would contend that they may not be able to adequately defend the suit, if it is tried at Sankarankovil. The 4^th respondent herein/5^th plaintiff has also threatened the defendants 1 to 3 not to conduct the suit. Apart from this, there is no other reason given to transfer the suit.

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3.The transfer is sought from the file of Principal District Munsif Court, Sankarankovil, Tirunelveli District to either the Principal District Munsif Court, Madurai or to any other competent Court having jurisdiction at Coimbatore. Admittedly, no part of the suit schedule property is situated at Madurai or Coimbatore and the defendants are not residing in these places. The suit property is situated only at Sankarankovil.

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4.Under these circumstances, I do not find any reason to transfer the proceedings of the suit O.S.No.O.S.No.234 of 2010 from the file of Principal District Munsif Court, Sankarankovil, Tirunelveli District either to the file of Principal District Munsif Court, Madurai or to the file of any other competent Court having jurisdiction at Coimbatore.

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5.Accordingly, this Transfer Civil Miscellaneous Petition is dismissed. No costs.

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Sub Assistant Registrar(CS )

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The Principal District Munsif, Sankarankovil.

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Tirunelveli District.

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The Principal District Munsif, Madurai.

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+1 CC to Mr.M.SARAVANA KUMAR, Advocate ( SR-93449[F] dated 22/10/2019 )

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+1 CC to Mr.R.J.KARTHICK, Advocate ( SR-93583[F] dated 22/10/2019 )

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TR.C.M.P.(MD) No.258 of 2011 18.10.2019

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MK (25.11.2019) 2P 5C

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

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Jeya W/O.Late Chelladurai v. Vellathai,(Died)

Case brief

What is this about?

What did the court decide?

Jeya W/O.Late Chelladurai v. Vellathai,(Died)

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

Coram

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