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Supreme Court of India · body

1987 DIGILAW 32 (SC)

R. Aurnagiri v. C. Ranganathan

1987-01-09

B.C.RAY, M.P.THAKKAR

body1987
(1) SPECIAL leave granted. Heard both the sides. (2) WE are of the opinion that the learned Sub-Judge, Sivaganga, has disposed of the matter in an extremely unsatisfactory manner. The learned Judge should not have proceeded with the matter since a transfer application was pending and he was apprised of it. He should not have been in a hurry to dispose of the matter under the circumstances. He was also not justified in refusing the request made by the other side for a short adjournment. Besides, the learned Judge has not even given reasons to support his conclusions. The order passed by the learned Judge is, therefore, set aside. For the ends of justice it is directed that the matter be transferred to the court of some other Subordinate Judge who will afford reasonable opportunity to both the sides and pass an appropriate order in accordance with law which takes care of the welfare of the trust and public good. The respondents shall not act or do anything hereafter. The learned Sub- ordinate Judge in charge of the matter upon transfer shall pass appropriate order for the administration of the trust till new trustees are appointed and take charge. (3) THE appeals are disposed of accordingly. There will be no order as to costs.