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2013 DIGILAW 3364 (MAD)

I. Richardson v. Thankayyan

2013-09-18

C.S.KARNAN

body2013
Judgment : The petitioners herein / plaintiffs have preferred the present transfer miscellaneous petition to withdraw the suit in O.S.No.129 of 2012, pending on the file of the Principal District Munsif-cum-Judicial Magistrate Court, Eranial and transfer the same to any other Court within Kanyakumari. 2. The short facts of the case are as follows:- The petitioners herein/plaintiffs have filed a civil suit in O.S.No.129 of 2012, against the respondents herein/defendants, before the Principal District Munsif-cum-Judicial Magistrate Court, Eranial, seeking a relief of redemption of mortgage and recovery of possession of the suit property and for consequential injunction. The respondents herein/defendants have also filed their written statement. Under this circumstance, the plaintiffs have filed the above transfer civil miscellaneous petition. 3. The learned counsel appearing for the petitioners has submitted that the respondents did not co-operate for a speedy trial of the suit and some of the defendants have been set ex parte, since they wantonly abstained from the Court. Further, the learned Trial Judge had passed an Order in I.A.No.343 of 2012 on 30.04.2013 without giving an opportunity to the plaintiffs. Therefore, the petitioners/plaintiffs have preferred the present transfer civil miscellaneous petition for transferring the above suit to any other Court within Kanyakumari District. 4. The learned counsel appearing for the respondents have submitted that now the defendants have filed their written statement and the main case is ready for trial. Further, this Court had given a direction, on 18.10.2012, in C.R.P.(MD) No.1783 of 2012, to dispose the suit within a period of six months and the same has been confirmed by the Honourable Supreme Court. Under this circumstance, if the said suit is transferred to some other Court, it will cause injustice to the defendants and also run against the order of this Court as well as the Honourable Supreme Court passed in S.L.P.No.54 of 2013, dated 22.01.2013. 5. On considering the factual position of the case and arguments advanced by the learned counsels on either side, this Court does not find any valid ground including original jurisdiction, since the petitioners are seeking transfer of the said suit in O.S.No.129 of 2012, pending on the file of the Principal District Munsif-cum-Judicial Magistrate Court, Eranial, to any other Court within the jurisdiction of the same District namely Kanyakumari. Therefore, the petitioners' remedy is not before this Court and hence they are at liberty to approach the proper forum for transferring the said suit. 6. In the result, the above transfer civil miscellaneous petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs.