A. Sheik Parveen v. M. Abdul Kareem

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI Transfer CMP(MD).Nos.418 and 419 of 2015 and CMP(MD).No.2715 of 2006 in TCMP(MD).NO.418 of 2015 and CMP(MD).No.2716 of 2006 in TCMP(MD).NO.419 of 2015 and Transfer C.M.P.(MD).No.418 of 2015 A. Sheik Parveen : Petitioner Vs.

1. M. Abdul Kareem

2. The Thasildar Thirumangalam Taluk, Thirumangalam.

3. The Executive Engineer, Tamil Nadu Electricity Board, Thirumangalam : Respondents Transfer C.M.P.(MD).No.419 of 2015

1. V. Sheik Parveen

2. M. Rajamohammed @ Vellaayatha

3. K.Aiyasha Bivi : Petitioners Vs.

1. M. Abdul Kareem

2. A. Jothinisha begum

3. M.Sikkander Khan

4. N. Mehar Banu

5. S. Nabisha @ Nabisha Begum

6. P. Sakila Banu

7. R. Rahila Banu

8. A. Fathima Lyla

9. M. Hyder Ali

10. Minor Khan Shahib : Respondents (Minors represted by his mother Guardian / Mumtajmahal) Prayer in TR.C.M.P(MD).No.418 of 2015: The Transfer CMP is filed under Section 24 of CPC to withdraw and transfer the case in O.S.No.126 of 2005 on the file of II Additional Subordinate Judge, Madurai (Camp Court at Thirumangalam) and to transfer the same to Principal Subordinate Judge, Madurai.

Prayer in TR.C.M.P(MD).No.419 of 2015: The Transfer CMP is filed under Section 24 of CPC to withdraw and transfer the case in O.S.No.54 of 2004 on the file of II Additional Subordinate Judge, Madurai (Camp Court at Thirumangalam) and to transfer the same to Principal Subordinate Judge, Madurai.

For Petitioners : Mr. S.A. Ajmalkhan in both petitions For Respondent No.1: Mr.V.S. Balakrishnan in both petitions COMMON ORDER Transfer CMP No. 418 of 2015 is filed to withdraw the case in O.S.No.126 of 2005 from the file of II Additional Subordinate Court, Madurai (Camp Court at Thirumangalam) and transfer the same to the file of the Principal Subordinate Court, Madurai. Transfer CMP(MD).No. 419 of 2015 is filed to withdraw the case in O.S.No.54 of 2004 from the file of II Additional Subordinate Court, Madurai (Camp Court at Thirumangalam) and transfer the same to the file of the Principal Subordinate Court, Madurai.

2. The respondents 2 to 10 in Transfer CMP(MD).No.419 of 2015 are close relatives of petitioners. The issue involved in both the suits and the parties are one and the same.

3. According to the petitioners, there is a Camp Court, which would function once in a week. Both the suits have been filed in the year 2004 and 2005 respectively. Even after the order of this Court, dated 18.10.2012 in CRP(MD).Nos.2267 and 2268 of 2012, for speedy disposal of both the suits within a period of six months, there is no progress in the suit. Therefore, the petitioners filed the Transfer CMPs to withdraw and transfer the Suits from the file of II Additional Subordinate Judge, Madurai (Camp Court at Thirumangalam) to Regular Court.

4. The learned counsel appearing for the first respondent submitted that he has no objection to transfer both suits from the file of II Additional Subordinate Judge, Madurai (Camp Court at Thirumangalam) to Regular Court and he has also made an endorsement to that effect.

5. Recording the said endorsement made by the learned counsel for the first respondent, both the suit in O.S.Nos.54 of 2004 and 126 of 2005, pending on the file of II Additional Subordinate Judge, Madurai (Camp Court at Thirumangalam) are hereby withdrawn and transferred to the file of II Additional Sub Court, Madurai, if the same are not yet disposed of. The learned II Additional Subordinate Judge, Madurai (Camp Court at Thirumangalam) is directed to send the case bundles to the II

Additional Subordinate Court, Madurai, immediately. The Registry is also directed to send back the papers that are pending before the Registry.

6. Accordingly, the Transfer CMPs are ordered. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. II Additional Subordinate Judge, Madurai (Camp Court at Thirumangalam)

2. II Additional Subordinate Judge, Madurai.

+two cc's to Mr.V.S.Balakrishnan, Advocate in SR.No.18228/16 trp CSL/GSV-PM/28.04.2016 : 3p/5c Transfer CMP(MD).Nos.418 and 419 of 2015 and CMP(MD).No.2715 of 2006 in TCMP(MD).NO.418 of 2015 and CMP(MD).No.2716 of 2006 in TCMP(MD).NO.419 of 2015 and 31.03.2016