Madras High CourtCRP/372/2017disposed of

Senthilkumar v. P.Vasudevan

2018-03-28Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2018 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P.(PD) NOS.372, 405, 451 AND 645 OF 2017 AND CMP NOS.1651, 1859, 2141 AND 3253 OF 2017 R. Senthilkumar ...

Petitioner in all CRPs'

Vs.

P. Vasudevan ...

Respondent in all CRPs'

PRAYER: Civil Revision Petitions filed under Article 227 of the Constitution of India against the fair decreetal order dated 08.12.2016 passed in Transfer Original Petition Nos.261 of 2016, 263 of 2016, 262 of 2016 and 264 of 2016 respectively, on the file of Principal District Judge, Coimbatore.

For Petitioner :

Mr.R.Marudhachalamurthy For Respondent :

Ms.P.T.Asha for M/s.Sarvabhauman Associates

COMMON ORDER These Civil Revision Petitions are directed against the dismissal of Transfer Original Petitions filed in the suits filed by the petitioner and the respondent from the file of First Additional District Judge, Coimbatore, to any other Court.

2. From the perusal of the records and the order passed in the Transfer Original Petitions, it is seen that the very same First Additional District Judge, who is in-charge of Principal District Court, has passed orders dismissing the Transfer Original Petitions. In the instant case, when the transfer is sought from the First Additional District Judge, Coimbatore, he himself should not have presided the Transfer Original Petitions.

3. Considering the facts and circumstances of the case and in the interest of justice, the order passed by the learned First Additional District Judge / Principal District Judge, Coimbatore, Tamil Nadu, in Transfer Original Petition Nos.261/2016, 262/2016, 263/2016 and

264/2016 respectively, dated 08.12.2016 are set aside. The Principal District Judge, Coimbatore is directed to post all the cases before the Additional District Judge, other than him, and a further direction is issued to the Court concerned, to dispose of all the suits, within a period of three months from the date of receipt of a copy of this order, by way of joint trial and in consonance with the order passed in CRP No.1876 of 2015 dated 29.04.2015.

4. These Civil Revision Petitions are disposed of with the above observation and direction. No costs. Consequently, connected civil miscellaneous petitions are closed.

28.03.2018 Index : Yes/No Internet : Yes/No TK To The Principal District Judge Coimbatore.

M.GOVINDARAJ, J.

TK C.R.P.(PD) NOS.372, 405 451 AND 645 OF 2017 28.03.2018