T.L.Harikrishnan vs Sulochana
- Court
- Madras High Court
TR CMP(MD)No.439 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 07.10.2026
Pronounced on : 05.11.2026
CORAM
THE HON'BLE MR. JUSTICE P.VADAMALAI
TR CMP(MD) No. 439 of 2026
CNR:{HCMD011133392026}
AND
CMP(MD) No. 11468 of 2026
T.L.Harikrishnan,
S/o.Lakshmi Narayanan,
No.34/132, Mudichur Road,
Tambaram West,
Tambaram,
Chengalpattu - 600 045 ...Petitioner
Vs.
1.Sulochana
W/o.Late.K.K.S.R.Rajagopalan,
158, Ramamoorthy Road,
KKSRR Lodge,
Virudhunagar - 626 001
also at 9/14, Melapatti,
Thirumangalam Taluk,
Odapatti Post, Kalligudi via,
Madurai District - 626 731.
2.R.Subbulakshmi
D/o.Late.K.K.S.R.Rajagopalan,
and wife of S.Ravindranathan Subbiah,
158, Ramamoorthy Road,
KKSRR Lodge,
Virudhunagar - 626 001
also at No.34/132, Mudichur Road,
Tambaram West, Tambaram,
Chengalpattu - 600 045.
Also at 250, Brimorton Drive,
Scarborough, Ontario,
M1H2E1, Canada.
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TR CMP(MD)No.439 of 2026
3.M/s.R.Jeya Gowri
D/o.Late.K.K.S.R.Rajagopalan,
2B, Mythili Manor Apartment,
15/25, R.K.Nagar, Layout,
Bharathi Park, Cross Road,
No.04, Saibaba Colony,
Coimbatore North, Coimbatore,
Tamil Nadu - 641 011.
4.R.Venkateswaran
S/o.Late.K.K.S.R.Rajagopalan,
158, Ramamoorthy Road,
KKSRR Lodge,
Virudhunagar - 626 001
also at Sakkarai Street,
A.S.A.Ayyammal Nagar,
Off Katcheri Road,
GT Nagar, Virudhunagar,
Tamil Nadu - 626 001.
5.Jeevarathinam
D/o.Late.K.K.S.R.Rajagopalan
and wife of T.L.Harikrishnan,
No.34/132, Mudichur Road,
Tambaram West, Tambaram,
Chengalpattu - 600 045. ...Respondents
PRAYER: This Transfer Civil Miscellaneous Petition is filed under
Section 24 of Civil Procedure Code to withdraw the Testamentary
Original Suit in Unnumbered T.O.S.No......... of 2026 (arising out of
Probate O.P.No.1 of 2023) from the file of the Additional District Judge,
Virudhunagar and to transfer the same to any other Court of competent
jurisdiction and to dispose of the above unnumbered T.O.S.No.......... of
2026 within a specified time.
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TR CMP(MD)No.439 of 2026
For Petitioner : Mr.R.R.Kannan
For R3 : Mr.K.Seenu Rama Chandran
For R1, R2, R4 & R5: No Appearance
ORDER
This Transfer Civil Miscellaneous Petition is filed seeking for an
order to withdraw the Testamentary Original Suit in Unnumbered
T.O.S.No........ of 2026 (arising out of Probate O.P.No.1 of 2023) from
the file of the learned Additional District Judge, Virudhunagar and to
transfer the same to any other Court of competent jurisdiction and to
dispose of the above Unnumbered T.O.S.No........ of 2026 within a
specified time.
2. The learned counsel for the petitioner stated in his affidavit that
the petitioner is the plaintiff in Unnumbered T.O.S.No. ......... of 2026 on
the file of the Additional District Court, Virudhunagar. The petitioner
originally filed Probate O.P.No.1 of 2023 in respect of a Will dated
27.09.2019 executed by one K.K.S.R.Rajagopal, who died on
06.02.2022. The petitioner has filed a memo on 18.07.2025 to convert the
O.P.No.1 of 2023 into a Testamentary O.S., but the trial Judge has
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TR CMP(MD)No.439 of 2026
adjourned the same unnecessarily for several hearings. During pendency
of that O.P., there were several other proceedings, so the petitioner
preferred C.R.P(MD)No.1827 of 2026 to convert O.P.No.1 of 2023 into
T.O.S. and, pending C.R.P.(MD)No.1827 of 2026, the trial Court
converted the O.P.No.1 of 2023 as unnumbered T.O.S.No. …... of 2026.
At this stage, the petitioner has moved this present petition to transfer the
said proceeding from the Additional District Court, Virudhunagar, to any
other competent Court.
3. The learned counsel for the petitioner as well as the
learned counsel for the 3rd respondent have argued at length with regard
to various litigations pending between the parties. The lengthy arguments
need not be discussed, except for the facts relevant to this petition.
4. The learned counsel for the petitioner has submitted that the
petitioner originally filed Probate O.P.No.160 of 2022 before the
II Additional District Court, Trichy, against the respondents.
rd
The 3 respondent filed O.S.No.29 of 2023 on the file of the Additional
District Court, Virudhunagar, against the petitioner and others for
partition and other reliefs. Thereafter, the petitioner filed Tr.C.M.P(MD)
No.164 of 2023 for transfer of O.S.No.29 of 2023 to Trichy, whereas the
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TR CMP(MD)No.439 of 2026
rd
3 respondent filed Tr.C.M.P(MD)No.165 of 2023 to transfer the
Probate O.P.No.160 of 2022 from Trichy to Virudhunagar. As the
Tr.C.M.P(MD)No.164 of 2023 was withdrawn, the Tr.C.M.P(MD)
No.165 of 2023 was allowed on 28.04.2023 and the Probate O.P.No.160
of 2022 on the file of the II Additional District Court, Tiruchirappalli was
transferred to the Additional District Court, Virudhungar and the same
was renumbered as Probate O.P.No.1 of 2023. Thereafter, a few
interlocutory applications were filed, and against the order passed therein,
the aggrieved parties moved upto the Hon’ble Apex Court by way of SLP
and the same was disposed of. Then, the Probate O.P. was ripe for
adjudication. The respondents have strongly objected to the grant of
probate, so the petitioner has filed a memo on 14.07.2025 before the
Additional District Court, Virudhunagar to convert the Probate O.P.No.1
of 2023 as Testamentary Original Suit. But the learned trial Judge,
without passing any order, adjourned the proceedings by recording that
the petitioner’s counsel was absent. Since the trial Judge was not inclined
to convert the Probate O.P. into a Testamentary Original Suit, the
petitioner has filed C.R.P.(MD)No.1827 of 2026 before this Court and
when the same was pending, the trial Judge has converted the Probate
O.P.No.1 of 2023 as an unnumbered Testamentary O.S.No. ...… of 2026
on 29.07.2026. Still the trial Judge has not assigned any number and so
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TR CMP(MD)No.439 of 2026
the petitioner prayed this Court in C.R.P(MD)No.1827 of 2026 to transfer
the unnumbered Testamentary O.S. But, this Court has passed an order in
C.R.P(MD)No.1827 of 2026 dismissing the revision as infructuous,
however it observed in paragraph No.4 that it is always open to the
petitioner to work out his remedy in the manner known to law by filing
an appropriate application and if any such application is filed the same
shall be considered by the Court in accordance with law. Hence, the
petitioner has filed this present petition to transfer the unnumbered
Testamentary O.S....… of 2026 on the file of the Additional District
Court, Virudhunagar to any other competent Court since the petitioner
apprehends that the trial Court kept unnumbered T.O.S. without assigning
number and also passing biased docket order against the petitioner and
his counsel. The petitioner further apprehends that he will not get justice
from the trial Court. The parties to the proceedings are from Chennai and
Coimbatore and so, the unnumbered Testamentary O.S..… of 2026 and
O.S.No.29 of 2023 on the file of the Additional Court may be transferred
to Madurai.
5. In support of his arguments, the learned counsel for the
petitioner has submitted a copy of 'B' Diary of the cases and also relied on
the following rulings:
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TR CMP(MD)No.439 of 2026
(1) (1998) 5 Supreme Court Cases 513 in the
case of State of W.B. and Ors. /v/ Shivananda
Pathak and Ors.
(2) (1987) 4 Supreme Court Cases 611 in the
case of Ranjit Thakur /v/ Union of India and Ors.
(3)Order of the Madras High Court in
C.R.P.(PD)No.4388 of 2024 dated 22.01.2025 in the
case of Anila Shashikant Bhai Kothari /v/ Nipun
Navnit Mehta.
6. The learned counsel for the contesting 3rd respondent submitted
that the trial Judge wanted the petitioner to file an interlocutory petition
instead of a memo, but the petitioner has not filed any petition.
The 3rd respondent filed a reply memo. The petitioner has filed another
I.A.No.13 of 2025 for the same prayer. The trial Judge has passed an
order on the memo and sent the case bundle to the Principal District
Judge, Virudhunagar, for assigning a number. The 3rd respondent has
filed a typed set of papers and drew the attention of this Court to page
numbers 62 and 72 of the typed set of papers to substantiate his
submissions. The learned counsel for the 3rd respondent has submitted
that the unnumbered Testamentary O.S.No….. of 2026 may be
transferred to the Principal District Court, Virudhunagar and also sought
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TR CMP(MD)No.439 of 2026
transfer of O.S.No.29 of 2023 on the file of the Additional District Court,
Virudhunagar, to the Principal District Court, Virudhunagar, as the main
contesting parties are relatives, who are coming from various cities.
7 . Upon the allegations levelled against the Presiding Officer,
Additional District Court, Virudhunagar, a report has been called for and
the same has been received.
8. The submissions of both sides were considered. The petitioner
and the respondents are relatives. They made rival contentions in respect
of the Will executed by Late K.K.S.R.Rajagopal, who died on 06.02.2022
and for partition of their family properties. The main contention of the
petitioner is that he filed a memo on 14.07.2025 to convert the Probate
O.P.No.1 of 2023 into a Testamentary Original Suit, but the same was
kept idle for a long period, that too passing biased orders against the
petitioner and his side counsel, though lastly it was converted as
unnumbered Testamentary O.S. while pending C.R.P(MD)No.1827 of
2026 before this Court. So, a report was called for from the learned trial
judge, who submitted the same.
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TR CMP(MD)No.439 of 2026
9. On perusal of the report, the trial judge has stated that various
litigations are filed and pending between the parties and has also recorded
certain proceedings in the petition for non appearance of parties despite
receipt of notice and also for setting aside petitions for exparte orders,
there is no inordinate delay. The trial judge has specifically submitted
that he has not made any reprimand upon any counsel who appeared
before him and has not made any unwarranted remarks upon any counsel
and has never acted partially against the petitioner and his counsel.
However, the learned trial Judge has submitted that, without prejudice to
his remarks, he has no objection in transferring the Testamentary O.S.
from his file to any other Court.
10. On hearing both sides and on perusal of material records of this
proceeding, it is very clear that the unnumbered Testamentary O.S.No....
…of 2026 has been sent to the Principal District Court, Virudhunagar for
assigning a number. The contesting 3rd respondent has also stated that he
has no objection to transfer the case to the Principal District Court,
Virudhunagar. Both parties have also sought transfer of O.S.No.29 of
2023 from the file of the Additional District Court, Virudhunagar to the
Principal District Court, Virudhunagar. However, as there are a number
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TR CMP(MD)No.439 of 2026
of defendants in O.S.No.29 of 2023, it is not fair to transfer O.S.No.29 of
2023 without giving any opportunity to the defendants therein for
hearing. Therefore, considering the above facts and circumstances and
also considering the citations relied on by the petitioner's side, this Court
is of the view that the petition is to be allowed and thereby, Testamentary
O.S.No..…. of 2026 is to be ordered to be transferred from the Additional
District Court, Virudhunagar to the file of the Principal District Court,
Virudhunagar. The parties are at liberty to file a separate application for
transfer of O.S.No.29 of 2023 on the file of the Additional District Court,
Virudhunagar if they so desire.
11. In the result, this Transfer Civil Miscellaneous Petition is
allowed. The Testamentary Original Suit in unnumbered T.O.S.No…..of
2026 (arising out of Probate O.P.No.1 of 2023) on the file of the
Additional District Court, Virudhunagar, is hereby withdrawn and
transferred to the file of the Principal District Court, Virudhunagar for
disposal in accordance with law. As it is revealed that the said
unnumbered Testamentary O.S. has been sent to the Principal District
Court, Virudhunagar for assigning number, the same may be retained by
the Principal District Court, Virudhunagar, if number is assigned
otherwise, the learned Additional District Judge, Virudhunagar is directed
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TR CMP(MD)No.439 of 2026
to transmit the entire records pertaining to the case in unnumbered
Testamentary O.S.No....... of 2026 (if numbered, the records of the case
therein) to the transferee Court, within a period of two weeks from the
date of receipt of a copy of this order. No costs. Consequently, the
connected Civil Miscellaneous Petition is closed.
05.11.2026
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
VSD
To
1.The Additional District Court,
Virudhunagar.
2.The Principal District Court,
Virudhunagar
3.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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TR CMP(MD)No.439 of 2026
P.VADAMALAI, J.
VSD
Pre - Delivery Order made in
TR CMP(MD) No. 439 of 2026
AND
CMP(MD) No. 11468 of 2026
05.11.2026
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