1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 16TH DAY OF NOVEMBER 2011 THE HON'BLE MR. JUSTICE VINOD K.SHARMA A.No.2995 OF 2011 IN C.S.No.2072 of 1995 A.G.Ramadoss S/o. Kothandapani Nainar No.53, Agni Circle Nandia Nillur Village Sirkazhi Taluk Nagapattinam District. ..Plaintiff -Versus- 1. V.Ramesh Kumar S/o. K.S.Vijayaraman Residing at Kallai Village Perambalur Taluk Trichy. 2. V.Ananda Kumar S/o. K.S.Vijayaraman Residing at Kallai Village Perambalur Taluk Trichy. 3. Smt. Selvakumari Pandian W/o. Rajapandian No.52/1, Soundarya colony Anna Nagar West Chennai - 600 101. 4. A.Arokiyaraja S/o. Arputhasamy Thavasimedi Village & Post Dindigul. 5. A.Arputhaswamy S/o. Arokiyam Thavasimedi Village & Post Dindigul. 6. T.Rajapandian S/o. Thomas No.52/1, Soundarya Colony Anna Nagar West, Chennai - 600 101. https://hcservices.ecourts.gov.in/hcservices/ 2 7. M.S.Nagarajan Lecturer, YMCA College of Physical Education YMCA Quarters, Nandanam Chennai - 600 035. .. Defendants A.No.2995 OF 2011 1. Smt. Selvakumari Pandian W/o. Rajapandian No.52/1, Soundarya colony Anna Nagar West Chennai - 600 101. 2. A.Arokiyaraja S/o. Arputhasamy Thavasimedu Village & Post Dindigul. 3. A.Arputhaswamy S/o. Arokiyam Thavasimedi Village & Post Dindigul. 4. T.Rajapandian S/o. Thomas No.52/1, Soundarya Colony Anna Nagar West, Chennai - 600 101. ... Applicants/ Defendants 3 to 6 -Versus- 1. A.G.Ramadoss S/o. Kothandapani Nainar No.53, Agni Circle Nandia Nallur Village Sirkazhi Taluk Nagapattinam District. ..1st Respondent/Plaintiff 2. V.Ramesh Kumar S/o. K.S.Vijayaraman Residing at Kallai Village Perambalur Taluk Trichy. 3. V.Ananda Kumar S/o. K.S.Vijayaraman Residing at Kallai Village Perambalur Taluk Trichy. ... 1st and 2nd Defendant/ 1st and 2nd Respondent https://hcservices.ecourts.gov.in/hcservices/ 3 4. M.S.Nagarajan Lecturer, YMCA College of Physical Education YMCA Quarters, Nandanam Chennai - 600 035. ... Respondent/7th Defendants Application praying that this Hon'ble Court be pleased to re-transfer O.S.No.14015 of 2010 (C.S.No.2072 of 1995) pending on the file of I Fast Track Court, Chennai to the Original Side, Hon'ble High Court, Chennai-104. This Application coming on this day before this court for hearing the court made the following order: The applicants / defendants 3 to 6, have moved this application for retransfer of suit C.S.No.2072 of 1995 to this Court, on the ground that under Clause 12 of the Letters Patent, it is open to this Court to take any case on the file of this Court. 2. It is the contention of the learned counsel for the applicants / defendants, as two of the witnesses in this case were recorded, while the suit was pending in this Court, it would, therefore, be in the interest of justice, that this Court should exercise the jurisdiction under Clause 12 of the Letters Patent, for retransfer of suit to this Corut. 3. The plaintiff has filed the suit for specific performance of agreement to sell regarding the property valued at Rs.15,00,000/- (Rupees Fifteen Lakhs only). In the year 1995, the suit valued at Rs.15,00,000/- (Rupees https://hcservices.ecourts.gov.in/hcservices/ 4 Fifteen Lakhs only) was filed in this Court. 4. C.S.No.2072 of 1995 was, accordingly, filed in this Court, wherein, two witnesses were examined. It was on account of enhancement of pecuniary jurisdiction of this Court to Rs.25,00,000/- (Rupees Twenty Five Lakhs only), that the suit was transferred to the Fast Track Court, Chennai. 5. The suit was transferred in view of pecuniary jurisdiction. There is, thus, absolutely no reason, as to why this case be treated as a special case, and tried to this Court, by invoking Clause 12 of the Letters Patent, as prayed for. 6. The application, being totally misconceived, is ordered to be dismissed. However, keeping in view the fact that the suit is pending since 1995, learned Fast Track Court is directed to expedite disposal of the case. Sd/-V.K.S.J 16.11.2011 //Certified to be a true copy// Dated this the day of 2012. R.s/12.01.2012 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format. https://hcservices.ecourts.gov.in/hcservices/