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Madras High CourtCRP/3278/2018dismissed

S.Vijayalakshmi v. M.Dhanalakshmi

2021-07-01Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2021

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.18586 of 2018 S.Vijayalakshmi ... Petitioner Vs.

1. M.Dhanalakshmi

2. V. Murugan

3. M.Jayandhi

4. V.Radhakrishnan

5. R.Jayabarathi ... Respondents Prayer :- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 12.07.2018 passed in Tr.O.P.No.17 of 2017 on the file of the learned Principal District Judge, Cuddalore.

For Petitioner : Mr.S.Pushpakaran For Respondents For R1 : No appearance For R2 to R5 : Mr.S.Vijayalakshmi For Mr.D.Rajagopal

ORDER

This Civil Revision Petition has been filed to set aside the order dated 12.07.2018 passed by the learned Principal District Judge, Cuddalore, in Tr.O.P.No.17 of 2017, thereby dismissing the petition seeking transfer of the suit in O.S.No.173 of 2015 on the file of the II Additional Subordinate Court, Cuddalore to any other Court. 2.

The petitioner is the plaintiff and the respondents are the defendants. The petitioner filed suit in O.S.No.173 of 2015 for partition. The petitioner made some allegations as against the Presiding Officer of the II Additional Subordinate Court, Cuddalore and filed the transfer petition in Tr.O.P.No.17 of 2017 to transfer the proceedings to some other Court. The Court below dismissed the same for the reason that at the time of filing the transfer petition the learned I Additional Sub Judge, Cuddalore was incharge of the II Additional Sub Court, Cuddalore. Thereafter, new Presiding Officer was posted and had taken charge of the II Additional Sub Court, Cuddalore. Therefore, the Court below rightly dismissed the transfer

petition and this Court finds no infirmity or illegality in the order passed by the Court below.

3.

Accordingly, this Civil Revision Petition stands dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

01.07.2021 Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts To

1. The Principal District Judge, Cuddalore.

2. The II Additional Subordinate Judge, Cuddalore.

3. The Section Officer, V.R. Section, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts and C.M.P.No.18586 of 2018 01.07.2021