Transfer petition seeking transfer of an injunction suit to Kumbakonam where a related partition suit is pending. The petition was dismissed because the petitioner's counsel failed to serve notice and file proof despite court directions.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14 .07.2025
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.285 of 2025 and C.M.P.(MD)No.77345 of 2025
G.Sivaraj
… Petitioner/Plaintiff
Vs.
5.The Superintending Engineer, TANGEDCO, (Operation and Maintenance) No.1 Vallam Road, Thanjavur District. ... Respondents/Defendants
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Prayer
Prayer : Transfer Civil Miscellaneous Petitions are filed under Section 24 of the Code of Civil Procedure, to withdraw the proceedings in suit in O.S.No.48 of 2019 from the file of the District Munsif cum Judicial Magistrate Court, Papanasam and transfer the same to the file of Sub Court, Kumbakonam.
For Petitioner : Mr.T.Indrachithu
ORDER
The present Transfer Civil Miscellaneous Petitions have been filed to withdraw the proceedings in suit in O.S.No.48 of 2019 from the file of the District Munsif cum Judicial Magistrate Court, Papanasam and transfer the same to the file of Principal Sub Court, Kumbakonam.
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scheduled property and also interfered with the petitioner's peaceful possession and enjoyment of the property along with the other respondents. Hence, the petitioner filed a suit in O.S.No.28 of 2019 before the Vacation Bench of District Munsif Cum Judical Magistrate Court, Papanasam seeking bare injunction against the respondents/defendants and thereafter, the same was renumbered us O.S.No.48 of 2019. The suit scheduled properties involved in both the suits are one and the same and to avoid conflict of judgments, he seeks to allow the petition.
the learned counsel for the petitioner to take private notice for the respondents and adjourned the matter to 25.06.2025, the same has not been complied with and proof has also not been filed. Hence, this Court ordered fresh notice to the respondents through Court & post and also permitted the private notice on 25.06.2025 and adjourned the case today (14.07.2025) finally.
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respondents by the orders dated 06.06.2025 and 25.06.2025 respectively, the learned counsel for the petitioner has not complied with the same. Hence, this Court is inclined to dismiss the petition.
14.07.2025 Index :Yes/No Speaking Order :Yes/No Neutral Citation :Yes/No
dss
To
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K.K. RAMAKRISHNAN, J.
dss
Tr.CMP.(MD)No.285 of 2025 and C.M.P.(MD)No.7345 of 2025
14.07.2025
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1 issue framed by the court
Should O.S.No.48 of 2019 be transferred from District Munsif Court, Papanasam to Principal Sub Court, Kumbakonam to avoid conflicting judgments?
1 provisions across 1 enactments
G.Sivaraj
K.Selvakumaran
Latha
Karunanithi
The Assistant Executive Engineer, TANGEDCO, Kabisthalam, Papanasam Taluk, Thanjavur District
The Superintending Engineer, TANGEDCO, No.1 Vallam Road, Thanjavur District
K.K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
