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2013 Supreme(Mad) 2366

K.RAVICHANDRA BAABU
V. Nirmal Kumar alias V. Robert Nirmal Kumar – Appellant
Versus
Tamil Evangelical Lutheran Church Represented by Church Counsel Trichy – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:T.M. Hariharan, Advocate.
For the Respondent:Dr. FR.A. Xavier Arulraj, Advocate.

Judgment :-

1. The petitioner is a third party in O.S.No. 377 of 2001 and E.P.No. 301 of 2005 on the file of the Sub Court, Pollachi, in a suit for possession. He claims to be the obstructor.

2. The petitioner filed E.A.No.290 of 2012 and sought for transferring the said execution petition to the District Munsif Court, Pollachi, on the ground that the said Court alone has got pecuniary jurisdiction over the suit property, in pursuant to the amendment made under Act 1 of 2004 to Tamil Nadu Civil Courts Act 1873 and Chennai City Civil Court Act, 1892. The said application was rejected by the Court below. Aggrieved against the same, the present Civil Revision Petition is filed by the petitioner.

3. The short facts for deciding the case are as follows:-The respondent herein as the plaintiff filed O.S.No.193 of 1999 originally on the file of the Sub Court, Udumalpet which came to be transferred to Sub Court, Pollachi and renumbered as O.S.No. 377 of 2001, against one V.Philiph Truthuvadas seeking for delivery of vacant possession of the suit property and for directing the defendant to pay a sum of Rs. 15,000 per month towards future mesne profits and for payment of Rs. 46,200/- towards a



















































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