K.Balasubramanian v. K.Kirubakaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-10-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR Tr.Cmp No.1151 of 2025 and CMP No.25989 of 2025 K.Balaubramanian, S/o Kannusamy, No.2871/1/120, Saradha College Road, Fairlands, Near Canara Bank, Salem 636 004.

Now at No.1239, Vaigai Street, VOC Nagar, LN Puram, Panruti, Lakshminarayanapuram, Cuddalore 607 108.

... Petitioner Vs.

K.Kirubakaran, M/ 45 years, S/o M.Kulasekaran, No.50-A, Muniappan Kovil Street, Shevapet, Salem 636 002.

... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under Section 151 of CPC to withdraw the O.S.No.184 of 2018 pending on the file of the III Additional District Court, Salem and transfer the same to the Principal District Court, Cuddalore.

For Petitioner(s):

Mr.D.Ashokkumar

ORDER

This Transfer Civil Miscellaneous Petition is filed seeking transfer of O.S.No.184 of 2018 filed by the petitioner on the file of the III Additional District Court, Salem to the file of the Principal District Court, Cuddalore.

2. The petitioner herein filed the above said suit for recovery of money against the respondent on the file of the III Additional District Judge, Salem. After filing of the suit, he shifted his residence to Cuddalore. Now, this transfer petition has been filed stating that he is a Senior Citizen having knee pain and therefore, it is very difficult for him to travel to Salem.

3. In a civil suit, the presence of the petitioner is not at all necessary for each and every hearing and he can very well engage a counsel and conduct the case. His presence is required only at the time of giving evidence. Further, this court is not satisfied with the medical reasons given by the petitioner, as the medical records produced before this court do not disclose any serious disability or inability to move.

4. Accordingly, this Transfer civil miscellaneous petition is dismissed. Connected miscellaneous petition is closed. There shall be no order as to costs. 29-10-2025 Internet: yes Index: Yes/No MST To The III Additional District Judge, Salem.

S.SOUNTHAR J.

MST Tr.CMP No.1151 of 2025 29-10-2025