Y A AJIT Vs. SOFANA AJIT
LAWS(SC)-2007-9-52
SUPREME COURT OF INDIA (FROM: MADRAS)
Decided on
September 07,2007
Y.A.AJIT
Appellant
VERSUS
SOFANA AJIT
Respondents
Referred Judgements :-
L N MUKHERJEE VS. STATE OF MADRAS [REFERRED TO]PURUSHOTTAMDAS DALMIA VS. STATE OF WEST BENGAL [REFERRED TO]
BANWARILAL JHUNJHUNWA]A AND V A THOMSON UNION OF INDIA VS. UNION OF INDIA [REFERRED TO]
STATE OF BIHAR VS. DEOKARAN NENSHI [REFERRED TO]
SUJATA MUKHERJEE VS. PRASHANT KUMAR MUKHERJEE [REFERRED TO]
MOHAN BAITHA VS. STATE OF BIHAR [REFERRED TO]
Y ABRAHAM AJITH VS. INSPECTOR OF POLICE CHENNAI [REFERRED TO]
Cited Judgements :-
JAINDRA MANILAL TANNA VS. AB AZIZ LOKHANDWALA [LAWS(J&K)-2009-7-17] [REFERRED TO]TIM BOYD, INTERNATIONAL PRESIDENT VS. KESIRAJU KRISHNA PHANI AND ORS. [LAWS(MAD)-2015-7-91] [REFERRED TO]
DEEP DUA VS. TEJINDER KUMAR MUTENEJA [LAWS(DLH)-2013-8-236] [REFERRED TO]
PROGRESSIVE ALUMINIUM INDUSTRIES VS. STATE OF ORISSA [LAWS(ORI)-2009-3-57] [REFERRED TO]
MARYS MATRICULATION BOYS HIGHER SECONDARY SCHOOL VS. RAJEEV BAI [LAWS(MAD)-2009-2-4] [REFERRED TO]
THANTHI TRUST VS. APEX AGENCIES AND ORS. [LAWS(MAD)-2015-11-92] [REFERRED TO]
MOHAMMED MUJTABA ALI VS. MOHAMMED MURTAZA ALI [LAWS(TLNG)-2022-6-103] [REFERRED TO]
PRIYANKA OVERSEAS PVT LTD VS. J AND K BANK LTD [LAWS(J&K)-2009-6-5] [REFERRED TO]
POOJA GUPTA @ POOJA KUMARI VS. MANISH GUPTA [LAWS(PAT)-2010-11-153] [REFERRED TO]
SHIVAGANGA EDUCATIONAL TRUST VS. K.L NAGENDRA [LAWS(KAR)-2022-11-750] [REFERRED TO]
SMIRTI SINGH ALIAS SMRITI SINGH VS. ANUPAM RANJAN [LAWS(PAT)-2011-4-48] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)Challenge in this appeal is to the legality of judgment rendered by a learned Single Judge of the Madas High Court allowing the transfer petition filed by the respondent in terms of Section 24 of the Code of Civil Procedure, 1908 (in short the 'CPC'). By the transfer petition the respondent had sought for transfer of IDOP No.46 of 2003 pending in the Court of District Judge, Kanyakumari at Nagercoil to the Court of Family Judge, Chennai. The High Court accepted the prayer.
(3.)Learned counsel for the appellant submitted that between the parties there was an earlier proceeding which came before this Court in Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr. (2004 (8) SCC 100). It is submitted that in view of what has been stated in the said case the impugned order cannot be maintained. Learned counsel for the respondent on the other hand supported the order of the High Court.
(2.)Challenge in this appeal is to the legality of judgment rendered by a learned Single Judge of the Madas High Court allowing the transfer petition filed by the respondent in terms of Section 24 of the Code of Civil Procedure, 1908 (in short the 'CPC'). By the transfer petition the respondent had sought for transfer of IDOP No.46 of 2003 pending in the Court of District Judge, Kanyakumari at Nagercoil to the Court of Family Judge, Chennai. The High Court accepted the prayer.
(3.)Learned counsel for the appellant submitted that between the parties there was an earlier proceeding which came before this Court in Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr. (2004 (8) SCC 100). It is submitted that in view of what has been stated in the said case the impugned order cannot be maintained. Learned counsel for the respondent on the other hand supported the order of the High Court.
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