Pushparaj v. Christoper Poonraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.18594 of 2024 Pusparaj ... Petitioner Vs.

1.Christoper Poonraj 2.Rajalakshimi 3.Poornima ... Respondents Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the case in O.S.No.58 of 2024 on the file of the I Additional District Court, Tirunelveli and transfer the same to the District Court, Thoothukudi.

For Petitioner : Mr.K.Sivabalan for M/s.Aran Legal Consultancy

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the 1/4

case on the file of the I Additional District Court, Tirunelveli, in O.S.No. 58 of 2024 and transfer the same to the file of the District Court, Thoothukudi.

2. Heard the learned counsel appearing for the petitioner.

3. It is evident from the records that the petitioner has filed a suit in O.S.No.58 of 2024 before the Principal District Court, Tirunelveli and the same was transferred to the I Additional District Court, Tirunelveli. Pending trial, the petitioner has filed this petition seeking transfer of the above suit from the I Additional District Court, Tirunelveli to the District Court, Thoothukudi on the ground that the third respondent is a practicing advocate in that Court.

4. In the affidavit filed in support of the transfer petition, it has been stated that the petitioner has been facing severe threat from the respondents 2 and 3 and his life is in danger, if he enters into Tirunelveli to attend the hearings. But admittedly, the petitioner has not preferred any complaint or produced any iota of evidence to show that he has taken any 2/4

steps in that regard. Though the petitioner has alleged that there was some bias, there is absolutely no averments in the affidavit filed in support of the transfer petition. Except the above, the petitioner has not canvassed any other valid reason or ground to transfer the case. Hence, this Court is not inclined to grant the relief claimed.

5. In the result, the Transfer Civil Miscellaneous Petition stands dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.

20.12.2024 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The I Additional District Court, Tirunelveli.

2. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.18594 of 2024 Dated : 20.12.2024 4/4