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2013 Supreme(Mad) 758

D.HARIPARANTHAMAN
G. Lokanayaki – Appellant
Versus
Venkatraj – Respondent


Advocates Appeared:
For the Petitioner:S. Kadarkaraj, Advocate.

Judgment :-

1. The petitioner is the plaintiff. He filed a Partition Suit in O.S.No.12 of 2011 before the Sub Court, Sivakasi.

2. The petitioner valued the share of the suit property at Rs.1,76,947/-, while the total value of the entire property is Rs.10,61.680/-

3. While so, the Principal District Court, Virudhunagar at Srivilliputtur issued notice dated 03.05.2012, transferring the aforesaid suit to the District Court and posting the matter on 11.06.2012. The suit was renumbered as O.S.No.32 of 2012.

4. Thereafter, the petitioner herein filed application in I.A.No.597 of 2012, to transfer the suit to the Sub Court, Sivakasi.

5. No counter was filed by the defendants in the suit. However, the District Judge, passed an order dated 28.09.2012 in I.A.No.597 of 2012 in O.S.No.32 of 2012, rejecting the application. It is stated that the value of the property exceeds Rs.10,00,000/-and therefore, the District Court alone has jurisdiction to try the suit.

6. Heard the learned counsel for the petitioner.

7. As rightly contended by the learned counsel for the petitioner, the Sub Court has jurisdiction as per Section 12 of Tamil Nadu Civil Court Laws, to try a suit to the value of Rs.10



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