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2024 Supreme(Online)(MAD) 32

HIGH COURT OF MADRAS
Honourable Mr Justice BATTU DEVANAND
Muthu Subramanian – Appellant
Versus
Iyyappan – Respondent


ORDER

This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the petition in I.P.No.2 of 2021 on the file of the Subordinate Court at Thiruvannamalai and transfer to Subordinate Court at Tambaram or any other Court within the jurisdiction of the residence of the petitioners in the interest of justice.

2. On perusal of the case record, it appears that on 30.08.2022 notice was ordered to the respondents.

3. Learned counsel for the petitioners submit that as notice to the respondent No.1 is unserved, this Court by order dated 26.02.2024 directed him to take out notice to the respondents 1, 3 and 7 to their counsel appearing in the lower Court. Accordingly, notice was served on the respondent No.1 and a proof of memo was filed to that effect.

4. On perusal of the record, it appears that the respondents 2 and 3 unclaimed notice and the notice sent to the respondent No.7 is returned with endorsement “no such addressee”. Notice to respondents 4, 5 and 6 were served. As such, the learned counsel for the petitioners submit that notice was served on the respondents 1, 4 to 6. The notice “unclaimed” by respondents 2 and 3 and the notice returned

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