Common Prayer: Petitions filed under Section 24 of Code of Civil Procedure to withdraw M.C.O.P.Nos.295 of 2004 and 244 of 2012 pending on the file of Sub Court, Cobichettipalayam and transfer the same to the Sub Court, Aruppukottai.
The petitioners seek transfer of MCOP.Nos.295 of 2004 and 244 of 2012, pending on the file of the Sub Court, Gobichettipalayam to Sub Court, Aruppukkottai. They are respondents 4 to 6 in the said MCOP.No.295 of 2004. The said MCOP has been filed by one Kanniyammal, namely the first respondent in Tr.CMP.(MD).No.381 of 2015, who was impleaded as the third respondent in MCOP.No.244 of 2012, claiming that she is the wife of the deceased.
2.Heard both sides and perused the records available.
3.The petitioners herein are denying the status of the first respondent as the wife of the deceased. The petitioners have earlier filed Tr.C.M.P.No.3533 of 2005 before the Principal Bench of this Court seeking transfer of MCOP.No.295 of 2004 from the file of the Sub Court, Gobichettipalayam to the file of the Sub Court, Virudhunagar to be tried along with MCOP.No.233 of 2004 filed by them.
4.This Court has rejected the said petition by an order, dated 19.03.2005, on the ground that the accident had occurred at Gobichettipalayam. The deceased was practising as doctor at Gobichettipalayam and the third party eyewitness is also residing at Gobichettipalayam. Therefore MCOP.No.233 of 2004 filed by the petitioners herein before Sub Court, Virudhunagar was also withdrawn and transferred to the file of the Sub Court, Gobichettipalayam to be heard along with MCOP.No.295 of 2004, by order, dated 19.03.2005 made in Tr.C.M.P.No.1843 and 3533 of 2005. The present applications have been filed for transfer of the said MCOPs from the file of the Court at Gobichettipalayam to Aruppukkottai.
5. I do not think this prayer could be entertained. It is claimed that the first petitioner namely, Thulasibai, aged 71 years, is unable to travel long distance. The other two petitioners namely, Balakrishnan and Kamalatchi, who are the brother and sister of the deceased can very well conduct the proceedings before the Court at Gobichettipalayam. Therefore I see no merits in these applications. Hence, these Transfer Civil Miscellaneous Petitions are dismissed. Consequently, connected miscellaneous petitions are also dismissed. No Costs.
To
1.The Sub Court, Gobichettipalayam.
2.The Sub Court, Virudhunagar..