G.S.Suresh v. Annamalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Tr.C.M.P.No.385 of 2023 G.S.Surresh ... Petitioner Vs.

1.Annamalai 2.Shanthi ... Respondents Prayer:- Petition has been filed under Section 24 of C.P.C., to withdraw C.M.A.No.8 of 2021 pending on the file of the Subordinate Court, Tiruvarur and transfer the same to the file of the III Additional District Court, Pondicherry.

For Petitioner : Mr.B.Hari Krishnan

O R D E R

Heard Mr.B.Hari Krishnan, learned counsel appearing for the petitioner and perused the records.

2. This petition is filed seeking transfer of C.M.A.No.8 of 2021 pending on the file of the Subordinate Court, Tiruvarur to the file of the III Additional District Court, Pondicherry.

Page No.1/4

3. It is submitted by the learned counsel for the petitioner that O.S.No.11 of 2018 filed by the respondents against the petitioner seeking perpetual injunction was originally filed on the file of the District Munsif Court, Tiruvarur, and the same was transferred to the learned III Additional District Court, Pondicherry. Aggrieved by the same the petitioner has filed C.M.A.No.8 of 2021.

4. The learned counsel for the petitioner submitted that C.M.A.8 of 2021 is kept pending, since long time on the ground that the records from the trial Court have not been received.

5. Considering the circumstances, this Civil Revision Petition is disposed of with a direction to the learned Subordinate Judge, Tiruvarur to issue reminder to the trial Court to send the records immediately and on receipt of said records the learned Subordinate Judge, Tiruvarur is directed to dispose of C.M.A.No.8 of 2021 as expeditiously as possible, not later Page No.2/4

than four months from the date of receipt of a copy of this order. There shall be no order as to costs.

19.04.2023 Index:Yes/No Speaking Order:Yes/No ms To

1. The Judge, Subordinate Court, Tiruvarur.

2. The III Additional District Judge, Pondicherry.

Page No.3/4

DR.D.NAGARJUN , J., ms Tr.C.M.P.No.385 of 2023 19.04.2023 Page No.4/4