Devaki v. Radha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.B. BALAJI and CMP.No.20825 of 2025 1.

Devaki 2.

Ravikumar

...Petitioners

Vs.

1.

Radha 2.

Gomathi 3.

Gunasundari 4.

Valli 5.

Mohanasundari 6.

Mangalam 7.

Rajalakshmi

...Respondents

Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the docket order dated 19.08.2025 passed in Unnumbered Tr.OP.No. of 2025 on the file of the Principal District Judge, Cuddalore.

For Petitioners : Mr.Gururaj for Mr.D.Baskar Page No.1 of 6

ORDER

The present revision petition challenges the docket order dated 19.08.2025 passed in Unnumbered Tr.OP.No. of 2025 on the file of the learned Principal District Judge, Cuddalore.

2. I have heard the learned counsel for the petitioners and I have also perused the materials placed on record.

3. Learned counsel for the petitioners submitted that the only reason on which the unnumbered transfer OP has been dismissed by the Trial Court is that there is a direction of this Court for speedy disposal of the suit proceedings.

4. As rightly contended by the learned counsel for the petitioners, merely because a direction has been issued by this Court to the trial Court to dispose of the suit as expeditiously as possible, it cannot take away the rights of the parties to move appropriate applications.

5. Therefore, I find that the reasons stated by the trial court for Page No.2 of 6

returning the transfer petition being clearly unsustainable and I find merits in the submissions of the learned counsel for the petitioners, since, if the petitioners make out sufficient cause for seeking transfer, then there is no impediment to the petitioners to move a transfer petition and merely because this Court has issued directions to the trial court for speedy disposal of the suit, it cannot be a ground to not to entertain the transfer OP.

6. In the light of the above, the impugned docket order dated 19.08.2025 passed in Unnumbered Tr.OP.No. of 2025 by the learned Principal District Judge, Cuddalore, returning the transfer application is set aside and the learned Principal District Judge, Cuddalore shall entertain the transfer OP, if it is otherwise in order.

7. Registry is directed to return the original Transfer petition to the learned counsel for the petitioners, enabling him to produce the same before the learned Principal District Judge, Cuddalore, after obtaining necessary endorsement.

8. At this juncture, it is also brought to my notice that, since the Page No.3 of 6

learned Principal District Judge, Cuddalore is on leave for four days, even if the transfer OP is numbered, the petitioners will not be in a position to obtain any interim stay.

9. In view of the above, in order to enable the petitioners to represent the transfer petition and move interim stay applications, there shall be an order of interim stay of further proceedings in O.S.No.85 of 2005 pending on the file of the learned Sub Judge, Panruti only for a period of two weeks from the date of receipt of a copy of this order.

10. With the above observations and directions, this Civil revision petition stands allowed. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. 25.08.2025 skt Index : Yes / No Speaking order : Yes / No NCC : Yes / No Page No.4 of 6

To The Principal District Judge, Cuddalore.

P.B. BALAJI , J.

skt Page No.5 of 6

and CMP.No.20825 of 2025 25.08.2025 Page No.6 of 6