Madras High CourtCRP/1875/2021disposed of

P.Rajamani v. R.Manivannan

2021-10-06Honourable Mr Justice G. Chandrasekharan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021 CORAM :

THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN C.R.P.Nos.1875 & 1876 of 2021 and C.M.P.Nos.14644 & 14646 of 2021 P.Rajamani ... Petitioner/Respondent in both the Petitions Vs R.Manivannan ... Respondent/Petitioner in both the Petitions COMMON PRAYER : Civil Revision Petitions filed under Article 227 of the Constitution of India praying to set aside the fair and decretal orders dated 04.03.2021 made in Tr.O.P.Nos.49 & 50 of 2019 on the file of the Learned Principal District Court, Dharmapuri by allowing these Civil Revision Petitions. For Petitioner : Mr.N.Manoharan.

For Respondent : Mr.P.Valliyappan for M/s.P.V.Law Associates.

C O M M O N O R D E R C.R.P.Nos.1875 & 1876 of 2021 were filed challenging the orders passed in Tr.O.P.Nos.49 & 50 of 2019 by the Learned Principal District Judge, Dharmapuri on 04.03.2021. 2.Tr.O.P.No.49 of 2019 was filed under Section 24 of Civil Procedure Code for transferring the Suit in O.S.No.76 of 2019 pending on the file of District Munsif Court, Palacode to the District Munsif Court, Dharmapuri or any other Court within Dharmapuri District and Tr.O.P.No.50 of 2019 was filed under Section 24 of Civil Procedure Code for transferring the Suit in

O.S.No.68 of 2019 pending on the file of District Munsif Court, Palacode to the District Munsif Court, Dharmapuri or any other Court within Dharmapuri District.

3.The Learned Principal District Judge, Dharmapuri, on considering the rival submissions, ordered the transfer of both the Suits from the file of District Munsif Court, Palacode to District Munsif Court, Harur. Against the said orders, these Civil Revision Petitions are preferred.

4.When the matter is taken up, the Learned Counsel for the Petitioner submitted that the Respondent's prayer was to transfer both the cases from District Munsif Court, Palacode to District Munsif Court, Dharmapuri or any other Court within Dharmapuri. However, the Learned Principal District Judge, Dharmapuri ordered both the cases to be transferred to District Munsif Court, Harur. He now prayed that to meet the ends of justice, both the cases may be transferred to District Munsif Court, Dharmapuri. The Learned Counsel for the Respondent also has no objection for transferring the cases to District Munsif Court, Dharmapuri.

5.Therefore, without going into the merits of the contentions raised in Transfer original Petitions and counter, this Court directs the O.S.Nos.76 & 68 of 2019 to be transferred to the District Munsif Court, Dharmapuri and the Learned District Munsif, Dharmapuri is directed to dispose the said cases on merits and in accordance with law as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.

6.Accordingly, these Civil Revision Petitions are disposed of . No costs. Consequently, connected miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar ay To

1. The District Munsif, Dharmpuri.

2. The District Munsif, Harur.

+2ccs to Mr.N.Manokaran, Advocate, S.R.No.52403, 52404 +2ccs to Mr.P.Valliappan, Advocate, S.R.No.52370 C.R.P.Nos.1875 & 1876 of 2021 and C.M.P.Nos.14644 & 14646 of 2021 KG(CO) SU(27/10/2021)