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2026 DAILYLAW 48921 (MAD)

Clara Antony v. A.Edwin Irudaya Raj

TR CMP/605/2026 · 2026-07-13

P B Balaji

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

TR CMP No. 605 of 2026 and Tr.C.M.P.SR.No.99899 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HONOURABLE MR.JUSTICE P.B. BALAJI TR CMP No. 605 of 2026 and CMP No.16814 of 2026 and Tr.C.M.P.SR.No.99899 of 2026 Tr.C.M.P.No.605 of 2026 Clara Antony W/o.Antony, Flat No.E202, Block E, Tower -3, 200 feet Road, Okkiam, Thoraipakkam, Chennai 600 097. Petitioner(s) Vs 1. A.Edwin Irudaya Raj S/o.Arul Maran, Rest.at No.165/9C., 5th Cross, Arulnanda Nagar, Thanjavur. 2.Minor E.Sam Antony Rep. by his father Guardian, A.Edwin Irudaya Raj, Rest.at No.165/9C., 5th Cross, Arulnanda Nagar, Thanjavur. 3.The Managing Director CIty Union Bank. Administrative Office, Kumbakonam. Respondent(s) 1/6 https://www.mhc.tn.gov.in/judis TR CMP No. 605 of 2026 and Tr.C.M.P.SR.No.99899 of 2026 Tr.C.M.P.SR.No.99899 of 2026 A.Edwin Irudaya Raj S/o.Arul Maran, Rest.at No.165/9C., 5th Cross, Arulnanda Nagar, Thanjavur. Petitioner(s) Vs Clara Antony W/o.Antony, Flat No.E202, Block E, Tower -3, 200 feet Road, Okkiam, Thoraipakkam, Chennai 600 097. Respondent(s) Tr.C.M.P.No.605 of 2026 is filed under Section 24 of Civil Procedure Code to transfer S.O.P No.4 of 2026 pending on the file of Principal District Court, Thanjavur by withdrawing the said SOP and transfer to Principal District Court, Kancheepuram. Tr.C.M.P.SR.No.99899 of 2026 is filed under Section 24 of Civil Procedure Code to withdraw GWOP No.55 of 2025 on the file of Principal District Judge, kancheepuram and transfer the same to Hon’ble Principal Family Judgem Chennai. For Petitioner(s): K.V.Babu in Tr.C.M.P.No.605/2026 & Respondent in Tr.C.M.P SR.No. 99899/2026 For Respondent(s): Mr.Venkatasubban For Mr.Suryanarayanan in Tr.C.M.P.No.605/2026 & Petitioner in Tr.C.M.P SR.No. 99899/2026 2/6 https://www.mhc.tn.gov.in/judis TR CMP No. 605 of 2026 and Tr.C.M.P.SR.No.99899 of 2026 COMMON ORDER Heard Mr.K.V.Babu, learned counsel for the petitioner and Mr.K.Venkatasubban, for Mr.Suryanarayanan, counsel for the respondent. 2. The petitioner seeks transfer of Succession Petition in SOP No.4 of 2026 pending on the file of Principal District Court, Thanjavur to the file of Principal District Court, Kancheepuram to be tried along with Guardian Original Petition in G.W.O.P.No.55 of 2025. 3. According to the learned counsel for the petitioner, the respondents themselves have given their address only as Manapakkam in a Writ Petition filed in May 2025 before this Court in WP No.19363 of 2025. Strangely, they have given an address in Thanjavur for the purpose of maintaining the SOP No.4 of 2026 before the Principal District Court, Thanjavur. Learned counsel would further state that the petitioner is also a resident of Thoraipakkam and it would be convenient for both the parties if both SOP No.4 of 2026 and G.W.O.P.No.55 of 2025 are tried jointly before the Principal District Court, Kancheepuram. 3/6 https://www.mhc.tn.gov.in/judis TR CMP No. 605 of 2026 and Tr.C.M.P.SR.No.99899 of 2026 4. Per contra, learned counsel for the respondents would state that the respondents have also taken out transfer application for transferring SOP No.4 of 2026 and G.W.O.P.No.55 of 2025 to be tried by this Court as it would be convenient to both the parties who are presently residing within the jurisdiction of this Court. 5. It is admitted on both sides that G.W.O.P.No.55 of 2025 is now posted for trial and the petitioner has to get into the box and in SOP No.4 of 2026, the bank which has been arrayed as respondent has been set exparte on the last hearing and the petitioner herein is yet to file counter. 6. In the light of the above and taking into account the convenience of the parties and also for expediting the hearing of both SOP No.4 of 2026 and G.W.O.P.No.55 of 2025 , the petition is allowed with the following directions:- (a) SOP No.4 of 2026 is withdrawn from the file of Principal District Court, Thanjavur and transferred to the file of Principal District Court, Kancheepuram to be tried along with G.W.O.P.No.55 of 2025, already pending on the file of Principal District Court, Kancheepuram; 4/6 https://www.mhc.tn.gov.in/judis TR CMP No. 605 of 2026 and Tr.C.M.P.SR.No.99899 of 2026 (b) The petitioner shall file counter in SOP No.4 of 2026 within a period of four weeks from the date of receipt of a copy of this order. (c) On completion of pleadings, the Principal District Court, Kancheepuram shall expedite joint hearing/trial of both SOP No.4 of 2026 and G.W.O.P.No.55 of 2025 and shall ensure that both SOP No.4 of 2026 and G.W.O.P.No.55 of 2025 are disposed of on merits and in accordance with law on or before 31.03.2027. (d) It is made clear that the Principal District Court, Kancheepuram shall not ordinarily insist on the physical presence of the parties who shall be permitted to be represented by counsel, except for hearings when their presence is mandatory for the purposes of recording their evidence in chief and cross. (e) The Principal District Court, Thanjavur is directed to send the entire records relating to SOP No.4 of 2026 to the Principal District Court, Kancheepuram forthwith. 5/6 https://www.mhc.tn.gov.in/judis TR CMP No. 605 of 2026 and Tr.C.M.P.SR.No.99899 of 2026 P.B.BALAJI.,J sr 7. In view of the order passed in Tr.C.M.P.No.605 of 2026, Tr.C.M.P.SR No.99899 of 2026 is closed at the SR stage itself. No costs. Consequently, connected miscellaneous petition is closed. 13.07.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order To 1. The Principal District Court, Thanjavur 2. The Principal District Court, Kancheepuram TR CMP No. 605 of 2026 and Tr.C.M.P.SR.No.99899 of 2026 6/6 https://www.mhc.tn.gov.in/judis