Venkatesan v. Kalaiselvi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and CMP(MD)No.6082 of 2022 1.Venkatesan 2.Suseela 3.Santhi : Petitioners Vs.

Kalaiselvi : Respondent PRAYER: Petition filed under Section 24 r/w. 151 of the Civil Procedure Code to withdraw the case in EP.No.43 of 2022 in O.S.No.7 of 2012 on the file of the Principal District Sessions Court, Ariyalur, Ariyalur District, and to transfer the same to the Principal District Sessions Court, Thanjavur, Thanjavur District.

For Petitioners : Mr.R.Murugappan *****

ORDER

The petitioners have filed this application to transfer the case in E.P.No.43 of 2022 in O.S.No.7 of 2012 from the 1/4

file of the learned Principal District Sessions Judge, Ariyalur to the file of the learned Principal District Sessions Judge, Thanjavur.

2.Learned Counsel for the petitioners submitted that the first petitioner is an Ex-service man, aged about 77 years, having age related ailments. The second petitioner is also an aged person and suffering from Cancer. They are residents of Thanjavur and it is very difficult for them to appear before the Court at Ariyalur and therefore, prayed for transferring the case.

3.This Court does not find any merit in the application. In an execution proceedings, the parties need not appear before the Court in each and every hearings and a Counsel can represent their case. Therefore, this transfer civil miscellaneous petition stands dismissed. No costs. Consequently, connected miscellaneous petition stands closed.

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To 1.The Principal District Sessions Judge, Ariyalur.

2.The Principal District Sessions Judge, Thanjavur.

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B.PUGALENDHI, J.

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