S.C.Saminathan Vs Arulraj

To withdraw OS.No. 27 of 2021 pending on the file of the Honble Principal District Judge, Karur and transfer the same to the Honble Principal District Judge, Coimbatore

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CMP No. 5354 of 2024

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To pass an order of interim stay of all further proceedings in OS.No. 27 of 2021 pending on the file of the Honble Principal District Judge, Karur

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TR CMP No. 250 of 2024

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For Petitioner(s): M/s.M.Pandian

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For Respondent(s): M/s.K.SURESH

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Order

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Heard.

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

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TR CMP No. 250 of 2024

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2.

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This Transfer Civil Miscellaneous Petition is filed under Section 24

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C.P.C., seeking withdrawal of O.S. No.27 of 2021 from the file of the Principal District Judge, Karur and transfer of the same to the file of the Principal District Judge, Coimbatore.

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The petitioner is the defendant in the suit and the respondents are the plaintiffs (his sons), who have filed the suit for partition and separate possession. The petitioner would contend that he is a resident of Coimbatore and that he is put to hardship in travelling to Karur. He would also contend that several suit properties fall within Coimbatore jurisdiction and therefore seeks transfer of the suit to Coimbatore.

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Per contra, the respondents would submit that the suit has been instituted at Karur invoking Section 17 C.P.C., since 10 items of the suit properties fall within Karur jurisdiction and only 2 items of the suit properties fall within Coimbatore jurisdiction, and that the suit is properly laid before the Principal District Judge, Karur.

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This Court has considered the rival submissions. As submitted, the suit is already pending before a competent Court at Karur and the major part of the suit properties are stated to be available within the Karur side, whereas only a limited number of properties are stated to be within

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

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TR CMP No. 250 of 2024

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Coimbatore limits. In such circumstances, this Court is not satisfied that the petitioner has made out a strong case to dislodge the suit from Karur and transfer it to Coimbatore.

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