P.S.D.Krishnasamy Nadar v. R. Jeyachandra
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2020 CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI C.R.P.(MD) No. 2505 of 2015 and M.P. (MD) No. 1 of 2015
1. P.S.D. Krishnasamy Nadar
2. P.S.D. Narayanan
3. P.S.M. Ramanathan
4. P.S.D.S. Vaikunta Lakshmi
5. P.S.D.S. Dharmalingam
6. P.S.D.S. Sureshkumar
7. P.S.D.S. Gowsalya Devi
8. P.S.D.S. Rukmani Devi
9. P.S.D.S. Narayanasamy 10.P.S.D.S. Thangasamy 11.P.S.D.S. Madhavan
...Petitioners/R-1 to 5, 7,8, 10 to 13
vs.
1. R. Jeyachandra
2. P.S.A. Rajaguru
3. P.S.D.S. Jeyanthi
4. P.S.D.S. Ramaiah
5. P.S.R. Pandurengan
6. P.S.D. Rajagopal
7. P.S.D.D. Jeyaraman
8. P.S.S. Pitchaikani Ammal
9. Balakrishnan 10.P.S.S. Deivalakshmi 11.P.S. Asupathi 12.Jeyalakshmi 13.P.S.S.D. Jegadeesan 14.P.S.S.D. Thamarai Kannan 15.P.S.S.D. Jegadambal 16.P.S.A. Atchuthan 17.P.S.L. Paulsamy 18.P.S.L. Jegaratchagan 19.Chandra Pushpam 20.Santhakumari 21.Kalaiselvi 22.Sathayabama 23.Anantha Rishikesan 24.P. Anandhi 25.P.S.M.R. Sureshkumar 26.P.S.M.R. Muthukumar 27.V. Suthalakshmi 28.P.S.A.V. Jeyapal 29.P.S.A.V. Srinivasan
30.P.S.A.V.Ravikumar 31.R. Savithiri 32.P.S.A.V. Ashok Kumar 33.S.Latha ... Respondents/Petitioner Nos.1 & 2/ R-6,9 & 14 to 42 PRAYER : Petition filed under Article 227 of Constitution of India, to set aside the Fair and Executable Order, dated 07.09.2015 passed in Tr.O.P. No.195 of 2015 on the file of the Principal District Court, Tuticorin by allowing this Civil Revision Petition. For Petitioners : Mr.D. Nallathambi For R-1 & R-2 : Mr.P. Sivachandran For R-3 : No appearance
ORDER
This petition has been filed to set aside the Fair and Executable Order, dated 07.09.2015 passed in Tr.O.P. No.195 of 2015 on the file of the Principal District Court, Tuticorin by allowing this Civil Revision Petition.
2. The learned counsel appearing for the revision petitioners would submit that the respondent Nos.1 & 2 herein have filed a petition in Tr.O.P. No.195 of 2015 under Section 24 of C.P.C., before the Principal District Court, Tuticorin District, seeking transfer of suit in O.S. No. 296 of 2014 from the file of the District Munsif Court, Kovilpatti to any other District Munsif Court in the same District and the said Tr.O.P. No.195 of 2016 was allowed by order, dated 07.09.2015 and directed to transmit the O.S. No. 296 of 2014 from the file of the District Munsif Court, Kovilpatti to the file of the District Munsif Court, Sathankulam and the parties were directed to appear before the District Munsif Court, Sathankulam by 01.10.2015. Aggrieved over the same, this Civil Revision Petition has been filed.
3. The learned counsel appearing for R-1 & R-2 would submit that the respondents have filed the Tr.O.P.No.195 of 2015 raised some allegations against the learned District Munsif, Kovilpatti. He would further submit that the suit is still pending.
4. Heard the learned counsel appearing for the revision petitioners and the learned counsel appearing for R-1 & R-2.
5. Considering the submission on either side, the respondent Nos.1 & 2 herein have filed the said Tr.O.P. No.195 of 2015 along with 33 others and raised some allegations against the learned District Munsif, Kovilpatti and the suit in O.S. No. 296 of 2014 is still pending. Now, the post of the learned District Munsif, Kovilpatti is vacant and hence, transfer of the suit is not necessary and the prayer seeking for transfer is infructuous.
6. In the result, the Civil Revision Petition is allowed. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To
1. The Principal District Court, Tuticorin.
2. The Section Officer,(2Copies) V.R.Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.D.NALLATHAMBI, Advocate ( SR-25636[F] dated 15/12/2020 ) C.R.P.(MD) No. 2505 of 2015 15.12.2020 PM(CO) KB(29.12.2020) 3P 5C