D.Simson, v. Gopinathan Nair,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.03.2017 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P.(MD)No.478 of 2016 & C.M.P.(MD) No.9686 of 2016 and Tr.C.M.P.(MD)No.479 of 2016 & C.M.P.(MD) No.9687 of 2016 Tr.C.M.P.(MD)No.478 of 2016:

D.Simson, S/o. L.M.Devadhas ... Petitioner Vs.

1. Gopinathan Nair, S/o. Krishna Pillai

2. V.K. Madushoothanan ... Respondents Petition filed under Section 24 of the Civil Procedure Code, to withdraw the suit in O.S.No.120 of 2012 on the file of District Court, Kanyakumari at Nagercoil and to transfer the same to the District Court, Tirunelveli, or any other Court. For Petitioner : Mr. T. Selvan For R1 : Mr.M.P.Senthil For R2 : No Appearance Tr.C.M.P.(MD)No.479 of 2016:

Simpson, S/o.Devadhas ... Petitioner Vs.

Gopinathan Nair, S/o. Krishna Pillai ... Respondent Petition filed under Section 24 of the Civil Procedure Code, to withdraw the suit in O.S.No.5 of 2012 on the file of District Court, Kanyakumari at Nagercoil and to transfer the same to the District Court, Tirunelveli or any other Court. For Petitioner : Mr. T. Selvan For R1 : Mr.M.P.Senthil https://hcservices.ecourts.gov.in/hcservices/

COMMON ORDER These petitions have been filed by the petitioner to withdraw the suits in O.S.No.120 of 2012 and O.S.No.5 of 2012 on the file of the District Court, Kanyakumari at Nagercoil and to transfer the same to the District Court, Tirunelveli.

2. Originally, the first respondent filed the suit in O.S.No.219 of 2010 before the Principal District Munsif Court, Padmanabhapuram, for recovery of possession, future mesne profits and for other reliefs. Subsequently, the said the suit was transferred to the Principal District Court, Kanyakumari at Nagercoil and renumbered as O.S.No.120 of 2012. While so, the petitioner filed O.S.No.5 of 2012 before the District Court, Kanyakumari at Nagercoil, against the first respondent, for specific performance and permanent injunction. 3.In the affidavits filed in support of the Tr.C.M.Ps., the petitioner has made various averments making allegations against the Presiding Officer. Further, except making allegation against the Presiding Officer, no other valid ground is made out for transfer.

4.Mere allegation against the Presiding Officer itself, cannot be a ground for transfer.

Hence, these Transfer Civil Miscellaneous Petitions are dismissed. No costs. Consequently, connected civil miscellaneous petitions are also dismissed. The Trial Court is directed to dispose of the suits, as expeditiously as possible, in any event, not later than 30.07.2017. Sd/- Assistant Registrar(Co) /True Copy/ Sub-Assistant Registrar To 1.The District Judge Kanyakumari at Nagercoil.

2.The District Judge, Tirunelveli.

+1 CC TO MR.M.P.SENTHIL,ADVOCATE,SR NO.17482 +1 CC TO MR.T.SELVAN,ADVOCATE, SR NO.17161 sss/smn2 MAS/KP:21.04.2017:2P-5C Common order in Tr.C.M.P.(MD)No.478 of 2016 & C.M.P.(MD) No.9686 of 2016 and Tr.C.M.P.(MD)No.479 of 2016 & C.M.P.(MD) No.9687 of 2016 23.03.2017 https://hcservices.ecourts.gov.in/hcservices/