D.Mangilal v. J.Javarilal Parekh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND

1. D.Mangilal Res at Door No.100, Mount Road, Coonoor,

2. D.Tejaraj Res at Door No.100, Mount Road, Coonoor,

3. D.Maveerchand Res at Door No.100, Mount Road, Coonoor, ..Petitioner(s) Vs ..Respondent(s)

1. D.Mangilal Res at Door No.100, Mount Road, Coonoor,

2. D.Tejaraj Res at Door No.100, Mount Road, Coonoor,

3. D.Maveerchand Res at Door No.100, Mount Road, Coonoor,

..Appellant(s) Vs ..Respondent(s) To set aside the Order dated 13.10.2025 of the Court of Ld.District Judge, Nilgiris District at udhagamandala made in Tr.OP.No.29 of 2025. To grant stay on the operation of the Impugned transfer Order dated 13.10.2025 passed by the District Judge, Nilgiris District at udhagamandala made in Tr.OP.No.29 of 2025 until the final disposal of the present CRP.

For Petitioner(s):

Mr.Surya Teja SS Nalla For Respondent(s):

Mr.L.Mouli

ORDER

This Civil Revision Petition has been filed to set aside the order dated 13.10.2025 made in Tr.OP.No.29 of 2025. passed by the learned District Judge, Nilgiris District at Udhagamandalam,

2. The learned counsel for the petitioners would submit that during the pendency of the suit in O.S. No.26 of 2021 on the file of the District Munsif Court, Coonoor, the said Court premises has been shifted temporarily to the complex at Applebe Road, Coonor leased by the Judiciary from the Legal heirs of late Dr. Ravinderkumar, with no ownership or control by the petitioners. However, on the general apprehension of the respondent, the Trial Court allowed the transfer petition transferring the case to District Munsif Court, Udhagamandalam from District Munsif Court, Coonoor, ignoring the procedural delays, and the presiding District Munsiff's affirmation of impartiality.

3. Per contra, the learned counsel for the respondents would submit that the 3rd petitioner is a practising advocate in Coonoor and the present building in which District Munsif Court, Coonoor is functioning has been let out on rent to the Judicial Department by the relatives of the petitioners and so the respondent is feeling uncomfortable to visit the Court for conducting his suit and he also has apprehension that the petitioners might intervene in the pronouncement of Judgment by the learned District Munsif, Coonoor in the said case and in order to avoid future contradiction about the credibility of the Judgment to be pronounced in the said Court, he filed the aforesaid Transfer application before the Trial Court to transfer the case. The Trial Court after considering the entire

facts and circumstances of the case, rightly allowed the application and transferred the case to the District Munsif Court, Udhagamandalam in the interest of Justice. Hence, this Civil Revision petition is liable to be set aside.

4. Heard both sides and perused the materials available on record.

5. On perusal of the records, it is seen that the 3rd petitioner is a practising Advocate in the District Munsif Court, Coonoor and relatives of the petitioners have let out the building to the Judicial Department in which presently the District Munsif Court, Coonoor is functioning. Hence, considering the apprehension of the respondent herein that the petitioners might interfere in the administration of justice by the learned District Munsif, Coonoor, the Trial Court, has rightly transferred the case to the Court of District Munsif Court, Udhagamandalam, which is justifiable and no interference is warranted.

6. Having considered the facts and circumstances of the case and submissions made by the learned counsel for both parties, the District Munsif Court, Udhagamandalam is hereby directed to dispose of the main case in O.S. No.26 of 2021 in accordance with law, within a period of four months from the date of receipt of copy of this order.

7. With the aforesaid directions, this Civil Revision petition is disposed of. No costs. Consequently. Connected miscellaneous petition is closed. 17-03-2026 Index: Yes/No Speaking/Non-speaking order Lbm To To

T.V.THAMILSELVI J.

Lbm AND 17-03-2026