Madras High CourtTR CMP(MD)/127/2021ordered

Selvaraj, v. Benjaminraj,

2021-04-15Honourable Mr Justice A.A.Nakkiran2 pages

Tr CMP (MD) No.127 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.(MD) No.127 of 2021 and C.M.P.(MD)No.2507 of 2021 Selvaraj ... Petitioner/1st Defendant -vs1. Benjamin Raj ... 1st Respondent/Plaintiff 2.Michel.D.Sosa 3.Lawrence Isebella ... 2nd and 3rd Respondents/ 2nd and 3rd Defendants PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the case on the file of the Principal District Judge, Pudukkottai in O.S.NO. 57 of 2020 and transfer the same to some other competent court at Pudukkottai. For Petitioner : Mrs.S.Prabha For R1 : Mr.G.Kannan

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the suit in O.S.No. 57 of 2020 on the file of the Principal District Judge, Pudukkottai and transfer the same to some other competent court at Pudukkottai.

2.The learned counsel for the petitioner/1st defendant submits that the suit is filed for partition. It is further submitted that due to strained situation, he could not conduct the case before the Principal District Judge, Pudukkottai and the case may be transferred to any one of the competent court at Pudukkottai.

3. The learned counsel for the first respondent/plaintiff has no objection for transferring the case.

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Tr CMP (MD) No.127 of 2021 4.Considering the facts and circumstances of the case and also considering the submissions made by both counsel, O.S.No. 57 of 2020 on the file of the Principal District Judge, Pudukkottai is withdrawn and transferred to the file of the Additional District Court - cum - Mahila Court, Pudukkottai, for disposal as per law. The Principal District Judge, Pudukkottai, is directed to transmit the papers to the Additional District Court - cum - Mahila Court, Pudukkottai, forthwith. The Additional District Court - cum - Mahila Court, Pudukkottai, is directed to dispose the suit on merits and in accordance with law as expeditiously as possible. 5.In fine, this petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) To:

1. The Principal District Judge, Pudukkottai.

2. The Additional District Court - cum - Mahila Court, Pudukkottai.

Order made in Tr.C.M.P.(MD) No.127 of 2021 and C.M.P.(MD)No.2507 of 2021 Dated:

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