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Madras High CourtCRP(MD)/566/2018disposed of

U. Mohammed Ibrahim v. Maria Packiam

2018-04-12Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.V. MURALIDARAN C.R.P.(MD)No.566 of 2018 and C.M.P(MD).Nos. 2933 and 2482 of 2018 U. Mohammed Ibrahim .. Petitioner Vs.

1.Maria Packiam 2.G. Thirunavukarasu 3.Varusai Mohamed 4.Syed Ibrahim 5.Soosai Manickam 6.S.Moorthy 7.K.Sundari 8.S. Selvam 9.K.Kalimuthu 10.B.Thangam 11.S.Nirmala .. Respondents PRAYER: Petition filed under Article 227 of the Constitution of India, against the order dated 29.01.2018 passed by the Principal District Judge, Madurai, in un-numbered Tr.O.P.No... of 2018 against O.S.No.15 of 2005 on the file of the Principal District Munsif, Melur.

For Petitioner : Mr. S. Subbaiah Senior Counsel for Ms.P.Jessi Jeeva Priya For respondents 1&2 : Mr. C.M. Arumugam

ORDER

This civil revision petition has been filed against the order, dated 29.01.2018 passed by the learned Principal District Judge, Madurai, in un-numbered Tr.O.P.No... of 2018 against O.S.No.15 of 2005, on the file of the Principal District Munsif, Melur.

2. It is the case of the petitioner that though he has filed Tr.O.P.... /2018 petition before the Principal District Court, Madurai, without numbering the same and without issuing notice to the respondent, the learned Judge has rejected the said petition.

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3. Admittedly, the petitioner, who filed a petition under Section 24 r/w. 151 CPC to transfer the O.S.No.15 of 2015, from the

file of the Principal District Munsif, Melur to District Munsif, Madurai Town, raising various grounds in the petition, but, the Court below without issuing notice and without numbering the Transfer O.P., has rejected the petition and hence, this Court without going into merits and demerits of the claim made by the petitioner, is inclined to pass the following order.

4. In the result, (a) this Civil Revision Petition is allowed setting aside the order passed by the learned Principal District Judge, Madurai in un-numbered Tr.O.P.No... of 2018 against O.S.No.15 of 2005, pending on his file. (b) The learned Principal District Judge, Madurai is directed to number the said Transfer O.P within a week from the date of receipt of a copy of this order and thereafter, to dispose of the said Transfer O.P. within a period of two months, after giving notice to both sides, without giving any further adjournment, at the time of hearing.

(c) No costs.

Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Principal District Munsif, Melur.

2.The Principal District Judge, Madurai +1cc to Mr.C.M.Arumugam, Advocate, SR.No.61134 +1cc to Mr.N.Subramanian, Advocate, SR.No.60862 trp RL/5C/2P/KK/SAR2/27/4/2018 C.R.P.(MD)No.566 of 2018 and C.M.P(MD).Nos. 2933 and 2482 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 12.04.2018