Transfer petition sought shifting a Trichy suit to Dindigul alleging threat from the respondent. As trial was completed and the case was posted for judgment, the court held no transfer would lie and dismissed the petition.
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.
Tr.C.M.P.(MD).No.217 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.02.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
Tr.C.M.P.(MD).No.217 of 2023 and C.M.P.(MD).No.4617 of 2023
V.Bhuvaneshwari ... Petitioner/Defendant
Vs.
G.Varatharajaperumal ... Respondent/Plaintiff
PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the suit in O.S.No.69 of 2019 from the file of the learned District Judge at Trichy and transfer the same
to any other competent Court at Dindigul.
For Petitioner : Mr.G.Kudalingam For Respondent : Mr.G.Karnan
ORDER
This petition has been filed to withdraw the suit in O.S.No.69 of
2019 from the file of the learned District Judge at Trichy and transfer the
same to any other competent Court at Dindigul.
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Tr.C.M.P.(MD).No.217 of 2023
2.When the matter is taken up for hearing today, the learned counsel on record would submit that he handed over the bundle to the party. The learned counsel for the respondent would submit that the trial before the trial Court is over and it is posted for judgment. In the affidavit it has been stated that because of the threat and trouble made by the respondent, she went to Dindigul and now she is residing there. Because of that only, he filed this petition seeking transfer of the case.
3.Since the trial process has been completed and the case is posted
for judgment, this petition will not lie and deserves to be dismissed.
4.Accordingly, this transfer civil miscellaneous petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
21.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TM
To
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Tr.C.M.P.(MD).No.217 of 2023
2.The Section Officer, E.R.Section/V.R.Section,
Madurai Bench of Madras High Court, Madurai.
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Tr.C.M.P.(MD).No.217 of 2023
G.ILANGOVAN ,J.
TM
Tr.C.M.P.(MD).No.217 of 2023
21.02.2024
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1 issue framed by the court
Whether a suit pending for judgment after completion of trial can be transferred under Section 24 CPC.
1 provisions across 1 enactments
V.Bhuvaneshwari
G.Varatharajaperumal
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
