Madras High CourtTR CMP(MD)/397/2019allowed

V.Mariappan, v. Govindan,

2019-11-15Honourable Ms. Justice P.T. Asha2 pages

TR.C.M.P.(MD)No.397 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA TR.C.M.P.(MD)No.397 of 2019 and C.M.P.(MD)Nos.9024 & 9025 of 2019 V.Mariappan ... Petitioner/Defendant Vs.

Govindan ... Respondent/Plaintiff PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw O.S.No.68 of 2019 from the file of the District Munsif, Sivagiri and to transfer it to Subordinate Court at Sankarankoil and to try it along with O.S.No.249 of 2017, on the file of the Subordinate Judge at Sankarankoil. For Petitioner : Mr.P.Malini For Respondent : Mr.S.Palani Velayutham

ORDER

The above Transfer Civil Miscellaneous Petition is filed seeking transfer of the suit in O.S.No.68 of 2019 from the file of the learned District Munsif, Sivagiri to the file of learned Subordinate Court at Sankarankoil, to be tried along with O.S.No.249 of 2017.

2.The learned counsel appearing for the respondent, on instructions, would submit that the respondent has no objection to the transfer, as prayed for. However, he requested that a direction may be issued to the learned Subordinate Court, Sankarankoil to dispose of the suits, as expeditiously as possible. 3.Considering the above circumstances, the transfer civil miscellaneous petition is allowed and the suit in O.S.No.68 of 2019 is ordered to be withdrawn and transferred from the file of the District Munsif, Sivagiri to the file of Subordinate Court, Sankarankoil. The learned District Munsif, Sivagiri, is directed to transmit the entire records in O.S.No.68 of 2019 to the Subordinate Court, Sankarankoil. On receipt of the entire records, the learned Subordinate Court, Sankarankoil, is directed to dispose of the suit in O.S.No.68 of 2019 along with O.S.No.249 of 2017, on merits and in accordance with law, within a period of six months from the date of receipt of the entire records. No costs. Consequently, connected https://hcservices.ecourts.gov.in/hcservices/ 1/2

TR.C.M.P.(MD)No.397 of 2019 miscellaneous petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS) gns To 1.The District Munsif, Sivagiri 2.The Subordinate Court, Sankarankoil.

+1 CC to M/s.P.MALINI, Advocate ( SR-98975[F] dated 18/11/2019 ) +1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-99403[F] dated 19/11/2019 ) TR.C.M.P.(MD)No.397 of 2019 15.11.2019 KK/SAR/05.12.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2