Madras High CourtCRP/1053/2020allowed

Kamal Sundaramurthy v. D.Indhira

2025-07-21Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 21.07.2025

CORAM:

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.R.P (NPD) No.1053 of 2020 and CMP Nos.5757 & 5760 of 2020 Kamal Sundaramurthy ... Petitioner ..Vs..

1.D.Indhira 2.Mallika 3.Malathi ... Respondents Prayer: This Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the order of the learned Chief Judge, Small Causes Court, at Chennai dated 31.01.2020 in Tr.O.P No.357 of 2019 allowing the same.

For Petitioner : Mr.J.Chandran Sundar Sashikumar for Mrs.Mythili Srinivas For Respondents : Mr.UM.Ravichandran for R1 No appearance for R3 R2-Court notice returned 1/4

O R D E R

Challenge has been made to the order passed by the trial Court/ Chief Judge, Court of Small Causes, Chennai transferring the appeal in RCA No.92 of 2019 pending on the file of the VIII Small Causes Court, Chennai to IX Small Causes Court, Chennai.

2. The transfer has been sought by the landlord on the ground that the adjournments have been granted only on the convenient of the tenant and when the landlord's counsel sought time for argument, the matter has been adjourned. The allegation has been raised as if the Court has shown some consideration accommodating the tenant. Only on that context, the order has been passed by the Court below/Chief Judge, Court of Small Causes, Chennai. This order has been passed on 31.01.2020. After that order, there are lot of change of circumstances like concerned judicial officer has been changed. There is no grievance to both the parties to dispose of the RCA by the Court, originally where it was pending. Therefore, the transfer order passed by the Court below shall stand set aside.

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3. Accordingly, the order dated 31.01.2020 passed by the Chief Judge, Small Causes Court, Chennai, in Tr.O.P No.357 of 2019 is set aside and the VIII Judge, Small Causes Court, Chennai is directed to dispose the appeal in RCA No.92 of 2019 within a period of three months.

4. With the above direction, this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.

21.07.2025 uma To 1.The Chief Judge Small Causes Court, Chennai.

2. The VIII Small Causes Court Chennai.

N.SATHISH KUMAR,J uma 3/4

C.R.P (NPD) No.1053 of 2020 and CMP No.5757 & 5760 of 2020 21.07.2025 4/4