N. SUNDAR Vs. N. SURESH BABU

JUDGEMENT

(1.) This Tr.C.M.P has been filed under Section 24 (1) (b) of the Code of Civil Procedure, seeking an order to transfer the suit in O.S.No.45 of 2012 from the file of the Principal District Court, Thanjavur to the file of the Original side of this Court.

(2.) The suit was filed by the first respondent herein against the petitioners and the second respondent herein, seeking partition and separate possession of half share in the suit schedule properties and to direct the first petitioner / D1 to pay Rs.20,000/- towards the past income of the suit property and future income or profits for the share of the plaintiff till delivery of possession of his share of property is given to the first respondent / plaintiff and to pass final decree in terms of preliminary decree to be passed.

(3.) During the pendency of the suit, the petitioners herein, who are defendants 1 and 2 have approached this Court, by way of filing this Tr.C.M.P, seeking an order to transfer the aforesaid suit in O.S.No.45 of 2012, pending on the file of the Principal District Court, Thanjavur, to the file of the Original side of this Court to be disposed according to law.