Arockiya Hendry Kumar v. Francis Antony Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2015

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P(MD)No.49 of 2014 and M.P(MD)No.1 of 2014 Arockiya Hendry Kumar ... Petitioner/Defendant Vs.

Francis Antony Kumar ... Respondent/Plaintiff Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw all the proceedings in O.S.No.2 of 2014 now pending on the file of the Additional District Munsif of Nanguneri and transfer the same to the file of the District Munsif of Sattankulam or any other Court. For Petitioner : Mr.S.Subbiah For Respondent : No appearance

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw O.S.No.2 of 2014 now pending on the file of the Additional District Munsif of Nanguneri and transfer the same to the file of the District Munsif of Sattankulam or any other Court. 2.The petitioner and the respondent are brothers. Their father executed a Settlement Deed on 16.06.2001 pertaining to the suit property. When the petitioner tried to repair the portion settled in his favour, the respondent interfered with his rights and prevented him from enjoying the property. After that the respondent filed a suit in O.S.No.2 of 2014 for permanent injunction restraining the petitioner.

3.According to the petitioner, no advocates are willing to appear on behalf of the petitioner and contest the case. Therefore, the petitioner was set ex-parte and the suit posted for ex-parte evidence on 11.02.2014.

4.When the matter is taken up for hearing, the learned counsel appearing for the petitioner represented that till today, the suit is pending and no advocates are willing to appear on behalf of the petitioner. Therefore, he has filed a petition for transfer. https://hcservices.ecourts.gov.in/hcservices/

5.Heard the learned counsel appearing for the petitioner. Though notice was served on the respondent and his name is printed in the cause list he has not chosen to appear either in person or through counsel before this Court.

6. In view of the allegations made by the petitioner, I hold that this is a fit case for transfer the case in O.S.No.2 of 2014. 7.Accordingly, this Transfer Civil Miscellaneous Petition is allowed and O.S.No.2 of 2014 on the file of the Additional District Munsif, Nanguneri is hereby withdrawn and transferred to the file of the District Munsif, Sattankulam, if the same is not yet disposed of. The learned Additional District Munsif, Nanguneri is directed to send the case bundles to the Court of the District Munsif, Sattankulam, immediately. The Registry is also directed to send back the papers that are pending before the Registry. No costs. Consequently, M.P(MD)No.1 of 2014 is closed. Sd/- Assistant Registrar(Per.Admn) /True Copy/ Sub-Assistant Registrar To 1.The Additional District Munsif, Nanguneri.

2.District Munsif, Sattankulam.

+One cc to M/s.S.Subbiah, Advocate, SR.No.22443 Copy to:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai am RL/ 5c- 8/5/2015 Tr.C.M.P.(MD)No.49 of 2014 https://hcservices.ecourts.gov.in/hcservices/ 23.04.2015