M.S.Govinda Rajan v. Mohamed Kasim

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN Tr.C.M.P.No.150 of 2023 & C.M.P.No.3408 of 2023 M.S.Govinda Rajan ... Petitioner -VersusMohamed Kasim ... Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure to withdraw and transfer the suit in O.S.No.3587 of 2022 from XIX Assistant City Civil Court at Chennai to XIII Assistant City Civil Court at Chennai.

For Petitioner : Mr.S.Muthukrishnan For Respondent : Mr.M.E.V.Thulasi

ORDER

This court was moved by the transfer petitioner making allegations against the learned XIX Judge of City Civil Court, Chennai.

2. On the basis of the affidavits that have been filed, a report was called for on 16.02.2023 by this court, and an interim stay was granted for further proceedings.

3. Today I have received a report from the learned Presiding Officer of the XIX Assistant City Civil Court, Chennai. He has stated that he assumed the charge on 28.04.2023. ie., after the order of the stay had been granted on 16.02.2023.

4. Since the judicial officer who was dealing with the matter, which caused apprehension to the petitioner to move this transfer petition to transfer the case from the file of the XIX Assistant City Civil Court, has been transferred, the cause of action for this petition does not exist.

5. Recording the above facts, this transfer civil miscellaneous petition is closed. No costs. Consequently, the connected miscellaneous petition is closed. 17.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order

To 1.The XIX Assistant City Civil Court at Chennai 2.The XIII Assistant City Civil Court at Chennai

V.LAKSHMINARAYANAN, J.

nl Tr.C.M.P.No.150 of 2023 & C.M.P.No.3408 of 2023 17.04.2024