This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the suit pending in O.S.No.83 of 2017, on the file of Subordinate Court, Ponneri and transfer the same to the file of Principal District Court, Tiruvallur, for being tried together with the Testamentary Original Petition No.161 of 2017.
2. The petitioner herein filed Testamentary Original Petition No.161 of 2017, on the file of Principal District Court, Tiruvallur and the respondent herein filed O.S.No.83 of 2007 on the file of Subordinate Court, Ponneri.
3. In both the proceedings, the property is one and the same as the petitioners in Testamentary Original Petition are claiming under the Will alleged to have been executed by one Ramachandra Naidu. The Plaintiff in the suit have purchased the property from the legal heirs of the said Ramachandra Naidu. Hence the matter revolves around the Will which caused necessity to combine both O.P. and O.S. to try commonly.
4. The learned counsel appearing for the respondent has agreed that O.S.No.83 of 2017, pending on the file of Ponneri Court may be transferred to Principal District Court, Tiruvallur to be tried along with testamentary Original Petition No.161 of 2017.
5. Considering the convenience of the parties and to avoid conflicting decisions, this Court feels it appropriate to withdraw and transfer O.S.No.83 of 2017, from the file of Subordinate Court, Ponneri to the file of Principal District Court, Tiruvallur.
6. Accordingly, the proceedings in O.S.No.83 of 2017 is withdrawn and transferred to the file of Principal District Court, Tiruvallur, to try along with Testamentary Original Petition No.161 of 2017. No costs.
23.11.2017 arr PUSHPA SATHYANARAYANA, J arr To
1. The Subordinate Court, Ponneri.
2. The Principal District Court, Tiruvallur.
Tr.C.M.P.No.832 of 2017 23.11.2017