S.C.Saminathan v. Arulraj

Order Heard. Page3 of 6

¶2This Transfer Civil Miscellaneous Petition is filed under Section 24 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.

¶3The 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.

¶4Per 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.

¶5This 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 Page4 of 6 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.

¶6Accordingly, Tr.C.M.P. No.250 of 2024 is dismissed. The interim stay granted by this Court in C.M.P. No.5354 of 2024 shall stand vacated and the said C.M.P. is closed. There shall be no order as to costs. 26-02-2026 Index: Yes/No Speaking/Non-speaking order DPQ To

1.The Principal District Judge, Karur

2.The Principal District Judge, Coimbatore. TRoCMPoNo.o250oofo2024 DR.A.D.MARIAoCLETEoJ. DPQ TRoCMPoNo.o250oofo2024 AND CMPoNO.o5354oOFo2024 26-02-2026 Page5oofo6 Page6 of 6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26-02-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE AND CMP NO. 5354 OF 2024 S.C.Saminathan S/o Chinnapa Gounder, No.3/155, Near Shridi Saibaba Kovil, Naicken Palayam Post, Coimbatore 641020 ..Petitioner(s) Vs 1. Arulraj S/o S.C.Saminathan, D.No.147, Samaiya Nagar North, Perianaickempalayam S.R.K.V.Post, Coimbatore 641 020 2. R.S.Gobinath S/o S.C.Saminathan, No.6/47A, Sadachivalasu, Koonampatti Post, Thennilai South, Karur 639 ..Respondent(s) CMP No. 5354 of 2024 S.C.Saminathan S/o Chinnapa Gounder, No.3/155, Near Shridi Saibaba Kovil, Naicken Palayam Post, Coimbatore 641020 ..Appellant(s) Vs Page2 of 6 1. Arulraj S/o S.C.Saminathan, D.No.147, Samaiya Nagar North, Perianaickempalayam S.R.K.V.Post, Coimbatore 641 020 2. R.S.Gobinath S/o S.C.Saminathan, No.6/47A, Sadachivalasu, Koonampatti Post, Thennilai South, Karur 639 ..Respondent(s) 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 CMP No. 5354 of 2024 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 For Petitioner(s): M/s.M.Pandian For Respondent(s): M/s.K.SURESH