Rathinavel v. Dhanalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :11.06.2025

CORAM:

THE HON'BLE MR. JUSTICE P.B. BALAJI Tr.C.M.P.No.438 of 2025 and C.M.P.No.10124 of 2025 Rathinavel .... Petitioner vs 1.Dhanalakshmi Krishnagounder (died) 2.Muthulakshmi @ Muthayee 3.Sivaprakasam 4.Prathapkumar ... Respondents Tr.Civil Revision Petition filed under Section 24 of Civil Procedure Code seeking to withdraw A.S.No.45 of 2018 on the file of Fast Track Mahila Court at Namakkal and transfer the same to any other District Court near by Namakkal.

For Petitioner : Mr.C.B.Muralikrishnan For Respondents : Mr.R.Nalliyapan For R.1 Mr.S.Sathish Kumar For R.3 and R.4 R.2 - Not ready notice 1/4

ORDER

The present transfer petition has been filed by the petitioner/appellant in A.S.No.45 of 2018, seeking transfer of the appeal from the Fast Track Mahila Court at Namakkal to any other District Court near Namakkal.

2. Heard Mr.C.B.Murali Krishnan, learned counsel for the revision petitioner and Mr.R.Nalliyappan, learned counsel for the first respondent.

3. The petitioner is the appellant in A.S.No.45 of 2018. Aggrieved by the order refusing interim stay of execution of the proceedings, in I.A.No.9 of 2023 in A.S.No.45 of 2018, the petitioner moved this Court in CRP No.1671 of 2024. This Court by order dated 13.03.2025 directed the Fast Track Mahila Court at Namakkal to dispose of A.S.No.45 of 2018 on or before 30.04.2025.

4. However, subsequently, raising certain apprehensions and grievances, the petitioner has moved this Tr.C.M.P before this Court. The very same Judge, who has directed to dispose of A.S.No.45 of 2018, has chosen to grant interim stay of further proceedings in the appeal at the time 2/4

of admission of Tr.C.M.P on 24.04.2025.

5. Learned counsel for the respondent states that he has no objection for transfer provided an outer limit is fixed for final disposal of A.S.No.45 of 2018 and learned counsel further submits that the respondent's grievance is that despite the date being fixed by this Court viz., 30.04.2025, the petitioner has once again moved this Court and dragged the proceedings.

6. Considering the developments, I am inclined to entertain the request for transfer.

7. Accordingly, the Tr. C.M.P. No.438 of 2025 is allowed and the appeal in O.S.No.45 of 2018 pending on the file of Fast Track Mahila Court at Namakkal is withdrawn and transferred to the file of Principal District Court, Namakkal.

8. The Fast Track Mahila Court at Namakkal is directed to send the entire records relating to A.S.No.45 of 2018 to Principal District Court, Namakkal forthwith.

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P.B.BALAJI.,J.

sr

9. The Principal District Court, Namakkal is directed to take up A.S.No.45 of 2018 and dispose of the same on or before 31.07.2025. No costs. Consequently, connected miscellaneous petition is closed. 11.06.2025 Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order sr To

1. The Fast Track Mahila Court at Namakkal

2. The Principal District Court, Namakkal 4/4