Krishna Pillai v. Sasikumaran Nair

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2016

CORAM:

THE HONOURABLE MS.JUSTICE V.M. VELUMANI CRP(NPD)(MD).No.315 of 2016 and CMP(MD).No.1313 of 2016 Krishnapillai : Petitioner Vs.

1. Sasikumaran Nair

2. Jothi Santhosh Kumar

3. R.J. Ajayanath

4. Sunilkumar

5. The Sub Registrar, Kollemcode Sub Registrar's Office, Kollemcode, Kanyakumari District.

6. The State of Tamil Nadu rep. By the District Collector, Kanyakumari District, Office at Nagercoil, Agasteeswaram Taluk, Kanyakumari District.

: Respondents Civil Revision Petition is filed under Article 227 of the constitution of India seeking direction to the District Judge, Kanyakumari District at Nagercoil to number the Transfer O.P. SR.No.5474 of 2015 and order notice to the respondents.

For Petitioner : Ms. J. Anandhavalli

O R D E R

The Civil Revision Petition has been filed to direct the learned District Judge, Kanyakumari District at Nagercoil to number the Transfer O.P. SR.No.5474 of 2015 and order notice to the respondents.

2. The petitioner has filed the Transfer O.P for withdrawal and transfer of all Execution Applications and Execution Petition filed and pending in O.S.No.449 of 2002 from the Court of the Principal District Munsif, Kuzhithurai to any other competent jurisdiction of that District.

3. According to the petitioner, the said Transfer OP was not numbered and returned on various dates and at the request of the counsel for the petitioner, the matter was adjourned on 25.11.2015 and from that date onwards the same was adjourned by the learned Judge from time to time. Therefore, the petitioner has come out with the present Civil Revision Petition.

4. The learned counsel for the petitioner contended that the respondents are pressurizing the claim petition being heard by the learned District Judge, Kanyakumari District. Further, the learned District Judge, ought to have seen that there is no reason for keeping the matter pending and therefore, prayed for a direction to the learned https://hcservices.ecourts.gov.in/hcservices/

District Judge, Kanyakumari District at Nagercoil to number the Transfer OP and order notice to the respondents within a stipulated period.

5. Considering the facts and circumstances of the case, the Civil Revision Petition is disposed of directing the learned District Judge, Kanyakumari District at Nagercoil to number the Transfer OP SR.No.5474 of 2015, pending on the file of the learned Principal District Munsif, Kuzhithurai, if it is otherwise in order, within a week from the date of receipt of a copy of this order and after hearing both sides dispose of the same on merits, within a period of four weeks thereafter. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/ Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar(C.S) Madurai Bench of Madras High Court, Madurai.

To 1.The District Judge, Kanyakumari District at Nagercoil.

2. The Principal District Munsif, Kuzhithurai. +2ccs to Ms.J.Anandhavalli, Advocate in SR.No.7500,7985 CRP(NPD)(MD).No.315 of 2016 and CMP(MD).No.1313 of 2016 08.02.2016 trp PA/GSV-PM/SAR I/10.03.2016/2P/5C (IT) https://hcservices.ecourts.gov.in/hcservices/