Allowed

Maheswari v. Minor Shanmuga Priya

Madras HC19 Dec 2023TR CMP/302/2023

Case brief

AI extract

What is this about?

Petitioner filed transfer petition under CPC Sections 24 and 151 withdrawing O.S.No.1654 of 2019 from District Munsif Court to Principal Family Court. The court allowed the transfer to try the case along with a connected suit pending before the Family Court.

What did the court decide?

O.S.No.1654 of 2019 was withdrawn from the District Munsif Court and transferred to the Principal Family Court, Coimbatore, to be tried along with O.S.No.23 of 2020.

Maheswari Vs Minor Shanmuga Priya — Property and Title | Madras HC (2023)

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Tr. CMP. No.302 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 19.12.2023

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CORAM :

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

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TR.CMP No.302 of 2023 and C.M.P.No.6696 of 2023

Maheswari

…. Petitioner

-Vs-

Minor Shanmuga Priya

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Dhanammal

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The Thasildhar North Taluk Office, Coimbatore.

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The District Collector, Coimbatore ….Respondents

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 R/w Section 151 of Code of Civil Procedure., to withdraw O.S.No.1654 of 2019 on the file of the Hon'ble District Munsif Court, Coimbatore and transfer the same to the Hon'ble Principal Family Court, Coimbatore, and trial along with O.S.No.23 of 2020 pending on the file of Hon'ble Principal District Family Court.

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https://www.mhc.tn.gov.in/judis

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Tr. CMP. No.302 of 2023

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For Petitioner : Mr.T.Balaji For R1 : Mr.T.Annamalai For R2 : Insufficient Address For R3 & R4 : Mr.V.Jeevagiridharan Additional Government Pleader

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O R D E R

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This petition has been filed by the petitioner seeking to withdraw O.S.No.1654 of 2019 on the file of the Hon'ble District Munsif Court, Coimbatore and transfer the same to the Hon'ble Principal Family Court, Coimbatore, and trial along with O.S.No.23 of 2020 pending on the file of Hon'ble Principal District Family Court, Coimbatore.

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The learned counsel for the revision petitioner submitted that the revision petitioner/plaintiff has filed a suit in O.S.No.1654 of 2019 for declaration, declare that the plaintiff as legal heir of the deceased Senthilkumar. The defendants contested the suit, the 1^st defendant is the daughter and the 2^nd defendant is the mother of the deceased/Senthil kumar. According to the revision petitioner/plaintiff, during life time of Senthil kumar, he has obtained divorce from the 1^st wife viz.,Sumathi in HMOP 306 of 2017. After that he married the

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https://www.mhc.tn.gov.in/judis

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Tr. CMP. No.302 of 2023

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revision petitioner but now after death of Senthil Kumar his 1^st wife Sumathi filed a suit in O.S.No.23 of 2020 before the Principal Family Court, Coimbatore to declare the order passed in HMOP,No306 of 2017, dated 02.01.2018 on the file of the Additonal Family Court, Coimbatore, is null an void. Hence, the revision petitioner/plaintiff want to proceed with the suit before the Principal Family Court, Coimbatore.

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Heard the learned counsel for the first respondent and the learned

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Government Advocate appearing for the respondents 3 and 4.

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Considering the facts and circumstances of the case, the reasons stated

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by the petitioner and the same is justifiable. Accordingly, the present Tr.C.M.P. is allowed and O.S.No.1654 of 2019 pending on the file of the District Munsif Court, Coimbatore, is withdrawn and transferred to the file of the Principal Family Court, Coimbatore, to try along with O.S.No.23 of 2020. Consequently, connected miscellaneous petition is closed. No costs.

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19.12.2023

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Speaking / Non Speaking order Neutral Citation : Yes/No Index :Yes/No msrm

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https://www.mhc.tn.gov.in/judis

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Tr. CMP. No.302 of 2023

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T.V.THAMILSELVI, J.

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msrm

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1.The District Munsif Court, Coimbatore.

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2.The Principal Family Court, Coimbatore.

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TR.CMP No.302 of 2023 and C.M.P.No.6696 of 2023

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19.12.2023

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https://www.mhc.tn.gov.in/judis

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Maheswari v. Minor Shanmuga Priya

Case brief

What is this about?

What did the court decide?

Maheswari v. Minor Shanmuga Priya

Case brief

What is this about?

What did the court decide?

What the court decided

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