Sivaroja v. Sri Ramulu Reddiyar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.80 of 2020 Sivaroja ... Petitioner vs.

1.

Sri Ramulu Reddiyar 2.

Subbulakshmi 3.

Krishnamoorthy 4.

Pattabi 5.

Gunasundari 6.

Saraswathi 7.

Ramadoss 8.

Bharathi 9.

Vijaya 10.

Lakshmi 11.

Venkataraman 12.

Padmanaban 13.

Geetha 14.

Kabila 15.

Sharmila 16.

Shobana 17.

Parthasarathy 18.

Dhandapani Reddiyar 19.

Paramasivam ... Respondents Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw the case in O.S.No.235 of 2009 pending on the file of the Sub-Court at Tambaram and transfer the same to the file of the Principal Subordinate Court, Chengalpet, and fix a time frame for the final disposal of the suit in O.S.No.235 of 2009. For Petitioner :

Ms.S.Murugeswari

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to withdraw the suit in O.S.No.235 of 2009 pending on the file of the Sub-Court at Tambaram and transfer the same to the file of the Principal Subordinate Court, Chengalpet, and to fix a time frame for the final disposal of the suit in O.S.No.235 of 2009.

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2.

When the matter is taken up for hearing, learned counsel for the Petitioner produced the details of adjudication of the Suit before the Court below. On a perusal of the same, it is clear that all the Respondents herein have been set exparte. It is further represented that, there is no Presiding Officer in the Sub-Court at Tambaram.

3.

In view of the above, this Court has no hesitation to order transfer of the Suit proceedings in O.S.No.235 of 2009 from the file of the Sub-Court at Tambaram to the file of the Principal Subordinate Court, Chengalpet, and it is accordingly transferred.

4.

The Principal Subordinate Court, Chengalpet, is expected to conclude the trial in O.S.No.235 of 2009, as expeditiously as possible, without adjourning the matter beyond 45 working days at any point of time, to bring the issue to a logical end.

5. The Transfer Civil Miscellaneous Petition is ordered accordingly. No costs. Consequently, connected C.M.P.No.2598 of 2020 is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.

The Subordinate Judge, Tambaram.

2.

The Principal Subordinate Judge, Chengalpet.

+1 cc to M/s.S.Murugeswari, Advocate Sr.No. 11282 AKM/17.03.2020/2P-4C / Tr.C.M.P.No.80 of 2020 Page No.2 of 2 https://hcservices.ecourts.gov.in/hcservices/