(Prayer: This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw and transfer the case in M.C.O.P.No.779 of 2025 filed by the first respondent, pending on the file of the Motor Accident Claims Tribunal / Special District Court for MCOP cases, Madurai to the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP cases, Tirunelveli.)

1. The Transfer Civil Miscellaneous Petition is filed to withdraw the case in M.C.O.P.No.779 of 2025 on the file of the Motor Accident Claims Tribunal / Special District Court for MCOP cases, Madurai, and transfer the same to the file of the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP cases, Tirunelveli.

2. There is no representation for the respondents 2 and 3.

3. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the first respondent.

4. It is not in dispute that for the death of one Nagarathinam, his mother / first respondent herein has filed a claim petition in M.C.O.P.No. 779 of 2025 and the same is pending on the file of the Motor Accident Claims Tribunal / Special District Court for MCOP cases, Madurai and that his daughters / petitioners herein have filed a claim petition in M.C.O.P.No.165 of 2024 and the same is pending on the file of the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP cases, Tirunelveli.

5. It is further not in dispute that the first respondent herein, who has been arrayed as the second respondent in M.C.O.P.No.165 of 2024, had remained ex parte and that after completion of trial, the said matter has been posted for pronouncement of orders on 08.06.2026. It is also not in dispute that in M.C.O.P.No.779 of 2025, trial has already commenced and after examination of P.W.1, the matter stands posted for further evidence on the side of the petitioners.

6. The learned counsel appearing for the first respondent would submit that an application has already been filed for setting aside the ex parte order passed in M.C.O.P.No.165 of 2024 before the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP Cases, Tirunelveli, but the learned Judge has refused to entertain the same.

7. Considering the entire facts and circumstances of the case and also taking note of the fact that both the claim petitions arise out of the death of the very same deceased and that M.C.O.P.No.165 of 2024 stands posted for orders, this Court is of the considered view that M.C.O.P.No. 779 of 2025 pending on the file of the Motor Accident Claims Tribunal / Special District Court for MCOP Cases, Madurai, is liable to be withdrawn and transferred to the file of the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP Cases, Tirunelveli, so as to enable the Tribunal to proceed with both the matters simultaneously and avoid conflicting decisions.

8. Accordingly, the learned Special District Judge for MCOP Cases / Motor Accident Claims Tribunal, Madurai, is directed to transmit the entire records in M.C.O.P.No.779 of 2025 to the file of the Motor Accident Claims Tribunal / Special Subordinate Court for MCOP Cases, Tirunelveli, within a period of ten days from the date of receipt of a copy of this order. On receipt of the records, the learned Special Subordinate Judge for MCOP Cases / Motor Accident Claims Tribunal, Tirunelveli, shall take the matter on file and proceed with the same in accordance with law.

9. Till such time, the learned Special Subordinate Judge for MCOP Cases / Motor Accident Claims Tribunal, Tirunelveli, is directed not to pronounce orders in M.C.O.P.No.165 of 2024.

10. The learned Special Subordinate Judge for MCOP Cases / Motor Accident Claims Tribunal, Tirunelveli, is further directed to take on file the application filed by the first respondent for setting aside the ex parte order passed in M.C.O.P.No.165 of 2024 and proceed with the same in accordance with law. Thereafter, on receipt of the records in M.C.O.P.No. 779 of 2025, the learned Tribunal shall proceed with both the matters simultaneously.

11. With the above directions, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs.