LAWS(MAD)-2018-4-308

GANGA BAI Vs. DEVAN

Decided On April 12, 2018
GANGA BAI Appellant
V/S
DEVAN Respondents

JUDGEMENT

(1.) This petition is filed to withdraw O.S.No.20 of 2016 pending on the file of the Principal District Court, Tiruvannamalai and transfer the same to the file of the City Civil Court, Chennai.

(2.) The petitioners are the defendants 1 to 3, respondents 1 to 3 are the plaintiffs and fourth respondent is the fourth defendant in O.S.No.20 of 2016 on the file of the Principal District Court, Tiruvannamalai. The respondents 1 to 3 filed the said suit for partition and other reliefs. Originally, the suit was filed before the Subordinate Court, Cheyyar and subsequently, it was transferred to the District Court, Tiruvannamalai, due to pecuniary jurisdiction.

(3.) The learned counsel for the petitioner submitted that the present Tr.C.M.P. is filed seeking transfer of suit O.S.No.20 of 2016 from the file of the Principal District Court, Tiruvannamalai, to the file of the City Civil Court, Chennai, on the ground that some of the properties are situated at Arumbakkam within the jurisdiction of the City Civil Court, Chennai and another property is situate at Cheyyar. The movable properties mentioned in the 'C' schedule are not available to the knowledge of the respondents 1 to He further submitted that only to harass the petitioners, the respondents 1 to 3 have included the said properties in the suit. The suit properties are not properly valued. Even if the value given by the respondents 1 to 3 is correct, their share is only 5/6th share and the District Court has no pecuniary jurisdiction.