Judgment : This transfer petition has been filed under Sec.2, C.P.C to withdraw O.S.No.133 of 2005 from the file of District Munsif Court, Alandur and to transfer the same to any other competent Court. 2. TheTransfer Petition arises under the following circumstances: The disputed property relates to 5732 sq.ft. in S.No.70 situate at Gandhi Street, Sholinganallur Village, Tambaram Taluk. One Raghupathy has filed O.S.No.553 of 2004 against the third respondent claiming that he is the owner of the property. In the said suit, the said Raghupathy has also obtained an order of Interim Injunction in I.A.No.1336 of 2004. According to the petitioner, the third respondent has nothing to do with the suit property and the suit has been deliberately filed against the third respondent without arraying the real owner. It is alleged that by obtaining an order of Interim Injunction against the third respondent, Raghupathy has attempted to interfere with the petitioners possession and enjoyment. The petitioner has filed O.S.No.975 of 2004 before District Munsif Court, Alandur for permanent injunction. The said suit is pending. In the said suit, though the petitioner sought for injunction, no order of injunction is said to have been granted. 3. O.S.No.133 of 2005 was filed by the first respondent against the petitioner and other respondents for permanent injunction in respect of the same property. Interim injunction was also granted in favour of the first respondent in I.A-No.628 of 2005 in O.S.No.133 of 2005. According to the petitioner, the sale deed 2. 2005 in favour of the first respondent executed by the said Raghupathy claiming to the power of attorney has no validity in I and the document is sham and nominal. 4. The grievance of the petitioner is that I.A.No.628 of 2005, in O.S.No. 133 of 2005 interim injunction was granted in favour of first respondent and the petitioner has filed application to vacate the order of Interim Injunction and despite insisting to take up application, the trial Court has not taken, the application for hearing. The petitioner has alleged that the first respondent having obtain an order of interim injunction, is successful dragging the matter and making attempts encroach into the property since there is order of interim injunction in her favour. This transfer petition has been filed on the ground that despite requests to take up the matt learned District Munsif, Alandur has not take up the application for enquiry. 5. This transfer petition has been filed on the ground that despite requests to take up the matt learned District Munsif, Alandur has not take up the application for enquiry. 5. Denying the averments in the petition, first respondent through her power agent has filed the counter. According to the first respondent, she is the absolute owner of the Suit Schedule Property in O.S.No.133 of 2005 the trial Court has rightly granted the order interim injunction. It is further alleged that really the petitioner is aggrieved by the order of interim injunction, she ought to have moved the District Munsif Court, Alandur to get same vacated. It is alleged that the stay O.S.No.133 of 2005 would cause hardship irreparable loss to the first respondent. The balance of convenience is also in her favour. 6. Reiterating the averments, learned counsel for the petitioner has submitted that despite insisting the Court to take up the application vacate the order of Injunction, learned District Munsif, Alandur has not taken up I.A.No.628 of 2005 and the application has not been disposed of as stipulated under 0.39, Rule 3-A, C.P.C. 7. Countering the arguments, learned counsel -for the first respondent has submitted that the grounds alleged in the Transfer Petition cannot be the reason for ordering transfer. ContendÂing that if the petitioner is really aggrieved over the order of Interim Injunction, I earned counÂsel for the first respondent has submitted that the petitioner ought to have either moved the Appellate Court or the same Court for vacatÂing the order of Injunction and seeking transfer of case is not justified. In support of his contention, learned counsel relied upon the deÂcision reported in A. Venkatasubbiah Naidu v. S. Challappan and others, (2001) 1 M.L.J 75 (S.C.): (2000) 4 CTC 358. 8. In the above said decision, the Supreme Court has held, .It cannot be contended that the power to pass interim exparte orders of injunction does not emanate from the said Rule. In fact, the said rule is the repository of the power to grant orders of temporary injunction with or without notice, interim or temporary, or fill further orders or till the disposal of the Suit. Hence, any order passed in exercise of the aforesaid powers in Rule 1 would be appealable as indicated in 0.43, Rule 1 of the Code. In fact, the said rule is the repository of the power to grant orders of temporary injunction with or without notice, interim or temporary, or fill further orders or till the disposal of the Suit. Hence, any order passed in exercise of the aforesaid powers in Rule 1 would be appealable as indicated in 0.43, Rule 1 of the Code. The choice is for the party afÂfected by the order either to move the apÂpellate Court or to approach the same Court which passed the ex parte order for any relief….." 9. The disputed suit property relates to 5732 sq,ft. in S.No.701 situate at Gandhi Street,, Sholinganallur Village, Tambaram Taluk. The Suit immovable property is situated within the Territorial jurisdiction of District Munsif Court-Alandur and hence, the Suit cannot be ordered to be transferred. 10. The main grievance of the petitioner seems to be the delay in taking up the application in I.A.No.628 of 2005 in O.S.No.133 of 2005. The delay in disposing of the application for interim injunction cannot be the reason for transfer. Further, in the same Court, two other suits Le., O.S. Nos.553 of 2004 and 975 of 2004 are pending, relating to the same property. That being so, the petitioner is not justified in seeking transfer of one suit alone. Hence, this transfer petition cannot be ordered. 11. For the foregoing reasons, this transfer petition is dismissed. The interim stay already granted in C.M.P.No.8100 of 2005 is vacated and C.M.P.No.8100 of 2005 is closed. There is no order as to costs. Learned District Munsif, Alandur is directed to take up and expeditiously dispose of the application in LANo.628 of 2005 in O.S.No.133 of 2005. Petition dismissed.