Madras High CourtCivil Procedure and EvidenceCivil Law

Petitioners Withdraw Bid To Move Thirukalukundram Suit To Chennai; Madras HC Closes Transfer Plea

M. Kumaresanv.G.K.Babu

Petitioners Withdraw Bid To Move Thirukalukundram Suit To Chennai; Madras HC Closes Transfer Plea. M. Kumaresan vs G.K.Babu. Madras High Court. LawLens
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In brief

The question

1. Whether the petitioners’ request to withdraw the transfer petition should be recorded and acted upon

The court held

The transfer petition was dismissed as withdrawn, with no order as to costs.

It also directed

The connected miscellaneous petition was closed.

01Facts

The petitioners filed a petition under Section 24 of the Code of Civil Procedure seeking to transfer O.S. No. 57 of 2019 from the District Munsif-cum-Judicial Magistrate, Thirukalukundram, to the City Civil Court, Chennai

p. 5

At the hearing, petitioners’ counsel sought permission to withdraw the transfer petition and endorsed that request; counsel had also circulated a letter dated 13 October 2026

p. 6

02Issues

i.1. Whether the petitioners’ request to withdraw the transfer petition should be recorded and acted upon

p. 6

ii.2. What order should follow in the transfer petition and the connected miscellaneous petition

p. 6

03Law Applied

Section 24 of the Code of Civil Procedure was invoked as the basis for the transfer application

p. 5

The Court did not decide any question concerning the application or scope of Section 24, and the order states no further statutory rule, legal principle, or precedent.

p. 6

Provisions in the judgment · 1 · Linked ones open on LawLens

Code of Civil Procedure, 1908 Section 24

04Reasoning

The Court acted on petitioners’ counsel’s request to withdraw, the endorsement on the petition, and the letter dated 13 October 2026

p. 6

It therefore disposed of the transfer petition as withdrawn without considering the merits of the requested transfer.

p. 6

05Holding

The transfer petition was dismissed as withdrawn, with no order as to costs.

p. 6

The connected miscellaneous petition was closed.

p. 6
Madras High Court

Original Court PDF

M. KumaresanvsG.K.Babu

Madras High Court · November 02, 2026

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