MASIAMMAL Vs. NARASAKKA

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 28. 3. 2003, made in Memo dated 18. 3. 2003 passed by the District Munsif, Kothagiri.

(2.) THE brief facts that are necessary for disposal of the case are as follows: the plaintiff filed O. S. No. 164/80 for partition before the Sub-Court, Ooty. Thereafter, on 22. 4. 82, the District Judge, Ooty, transferred the suit to the District Munsif Court, Coonoor and it was renumbered as O. S. No. 16/1984 and issues were also framed. On 12. 6. 1995, the same was transferred to District Munsif Court, Kothagiri by the District Judge, Ooty, and it was renumbered as O. S. No. 1/1995. P. W. 1 has been examined in chief on 21. 4. 99 before the District Munsif, Kothagiri. On 18. 3. 2003, a memo was filed on behalf of the defendants 56 to 61 respondents herein stating that the District Munsif, Kothagiri has no territorial jurisdiction to decide that suit. Counter has also been filed. The impugned order was passed on 28. 3. 2003. Against which, this civil revision petition has been filed.

(3.) LEARNED counsel appearing for the revision petitioner submits that a case was transferred to the District Munsif Court, Kothagiri, by the District Judge by an administrative order. The said order is perfectly valid and the same cannot be disobeyed by the District Munsif, Kothagiri. If really the defendants 56 to 61 are aggrieved, they could move a transfer application before the District Court, Ooty. In the memo filed by the counsel for defendants 56 to 61, the District Munsif, Kothagiri, cannot pass an order that the said Court has no territorial jurisdiction.