Palani Pulliannan v. R.Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr.C.M.P.No.545 of 2020 Palani Pulliannan S/o Palaniappan ...

Petitioner -vs1. R.Sivakumar

2. B.S.Perumal ...

Respondents Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, to withdraw the case in R.C.O.P.No.2 of 2014 on the file of IV Additional Rent Controller Court, Salem (on the file of the IV Additional District Munsif, Salem) and transfer the same to any one of the Rent Controller Court/District Munsif Court at Kallakurichi or any other District Court for deciding the case on merits. For Petitioner ::

Dr.A.Thiyagarajan Senior Counsel for Mr.D.Veerasekaran

ORDER

Heard learned counsel for the petitioner through video conferencing due to the Covid-19 pandemic.

2. This transfer civil miscellaneous petition has been filed seeking for withdrawal of the R.C.O.P.No.2 of 2014 pending on the file of the IV Additional Rent Controller Court, Salem (learned IV Additional District Munsif, Salem) and transfer the same to any one of the Rent Controller Courts/District Munsif Courts at Kallakurichi or any other District Court for deciding the case on merits.

3. When the matter was taken up, Dr.A.Thiyagarajan, learned Senior Counsel appearing for the petitioner, confining his prayer, stated that when the R.C.O.P.No.2 of 2014 has been pending for a period of six long years causing unbearable nightmare to both the petitioner and the respondents, requested this Court to direct the learned IV Additional Rent Controller https://hcservices.ecourts.gov.in/hcservices/

(learned IV Additional District Munsif), Salem to dispose of the matter at the earliest point of time that would meet the ends of justice to both parties.

4. This Court, considering the limited grievance espoused by the learned Senior Counsel appearing for the petitioner, without going into the merits, hereby directs the learned IV Additional Rent Controller (learned IV Additional District Munsif), Salem to try and dispose of the R.C.O.P.No.2 of 2014 on merits and in accordance with law, within a period of five months from the date of receipt of a copy of this order. With this direction, the transfer civil miscellaneous petition stands disposed of. Consequently, C.M.P.No.14377 of 2020 is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ss To The IV Additional Rent Controller, (IV Additional District Munsif) Salem.

+2cc to Mr.D.Veerasekaran, Advocate Sr.42742 Tr.C.M.P.No.545 of 2020 cp[co] srg 20/01/2021 https://hcservices.ecourts.gov.in/hcservices/