Lakshmi v. D.D.9 Uthangarai Agricultural

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.02.2019

CORAM

THE HONOURABLE JUSTICE M.GOVINDARAJ, J.

Tr.C.M.P.No.538 of 2018 & C.M.P.No.13262 of 2018 & CMP.No.526 of 2019 Lakshmi .. Petitioner -vs1. D.D.9 Uthangarai Agricultural Producers, Co-operative Sales Societies Ltd.

Uthangarai.

2. Deputy Registrar to Co-operative Dharmapuri .. Respondent Prayer: Transfer Civil Miscellaneous Petition filed praying to withdraw and to transfer the CMA.No.8 of 2013 on the file of the District Court, Krishnagiri District to the District Court, Dharmapuri.

For Petitioner : Mrs.Lakshmi Party in Person For Respondents: Mr.L.P.Shanmuga Sundaram Spl. G.P. (Co-op.)

O R D E R

This application is prayed seeking for withdrawal and to transfer the CMA.No.8 of 2013 on the file of the District Court, Krishnagiri District to the District Court, Dharmapuri.

2. The petitioner filed an appeal against the award passed by the 2nd respondent in C.M.A.No.8 of 2013 on the file of the District Court, Krishnagiri. Since she was not given proper audience, she came before this Court for transfer of the above appeal to District Court, Dharmapuri.

3. Still she has a grievance that the respondents are protracting the proceedings so that the matter has not come to an end. She being a senior citizen, the matter should be decided at an earlier point of time.

4. The submissions of the petitioner who appeared in party-in-person is taken into consideration.

https://hcservices.ecourts.gov.in/hcservices/

5. The Judicial Officer against whom the allegation is made is no more continuing in that Court as she has been transferred to some other place. Pursuant to which, a new judicial Officer has taken charge and conducting the proceedings.

6. In such circumstances, the requirement of withdrawing and transferring the case in CMA.No.8 of 2013 to District Court, Dharmapuri has become infructuous.

7. The petitioner is directed to appear before the learned District Judge, Krishnagiri on 20.2.2019 and submit her arguments and after hearing the arguments of respondent within a period of one week, the learned District Judge, Krishnagiri shall pass orders within a period of 10 (ten) days from the date of completion of the arguments on both sides, preferably on or before 6.3.2019.

8. The Transfer Civil Miscellaneous Petition is disposed of accordingly with the above direction. Consequently, the connected C.M.P.No.13262 of 2018 & CMP.No.526 of 2019 are closed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msr To 1.The District Court, Krishnagiri District.

2.The District Court, Dharmapuri.

+1cc to Mr.N.Lakshmi, Advocate, S.R.No.10376 Tr.C.M.P.No.538 of 2018 & C.M.P.No.13262 of 2018 & CMP.No.526 of 2019 PP(CO) rrs 07/02/2019 https://hcservices.ecourts.gov.in/hcservices/