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Madras High CourtTR CMP(MD)/71/2015dismissed

K.Balamurugan (46/15) v. Santha Devi, (59/2015)

2015-03-04Honourable Mr Justice D. Hariparanthaman1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2015 CORAM :

THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN TR.CMP(MD)No.71 of 2015 K.Balamurugan ... Petitioner Vs.

1)Santha Devi 2)Saratha Devi 3)Shyamala Devi 4)Dr.Sathya Devi ... Respondents Petition filed under Section 24 of the Civil Procedure Code, to withdraw and transfer the Probate Original Petition No.11 of 2013 pending on the file of the I Additional District Judge, Tirunelveli, to Principal District Judge Court, Tirunelveli. For Petitioner : Mr.M.Vivekanandan

O R D E R

The petitioner has sought for transfer of Probate Original Petition No.11 of 2013 from the file of the I Additional District Judge, Tirunelveli, to Principal District Judge Court, Tirunelveli, on the ground that due to vacancy in the Court of I Additional District Judge, Tirunelveli, there is no progress in the proceedings in Probate Original Petition No.11 of 2013. 2.In my view, the said ground is not sufficient to seek transfer. The vacancy caused would be filled up in the normal course and in the meantime, the in-charge officer could deal with the matter in the manner known to law. Hence, I am not inclined to allow this petition.

Accordingly, the Transfer Civil Miscellaneous Petition is dismissed. No costs. Sd/- Assistant Registrar(Writs) /True Copy/ Sub-Assistant Registrar To The I Additional District Judge, Tirunelveli. +1cc to Mr.M.Vivekanandan, Advocate, in SR. No.10196/15. NB2 TR.CMP(MD)No.71 of 2015 msm 10.03.2015 p1/3c 04.03.2015 https://hcservices.ecourts.gov.in/hcservices/