BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12/03/2010 Coram THE HONOURABLE MR.JUSTICE D.HARIPARANTHAMAN Tr.C.M.P.(MD).No.51 of 2010 and M.P.(MD).No.2 of 2010 Muthusamy .. Petitioner Vs 1. A.Dhanalakshmi 2. M.Natarajan 3. Manivasagam 4. Natarajan 5. Ramakrishnan 6. M.G.Kanthamani 7. M.V.Dhanalakshmi @ M.V.Lakshmi .. Respondents PRAYER Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the suit in O.S.No.44 of 2009 pending on the file of Subordinate Court, Kulithalai and transfer the same to the Court of District Court, Karur. !For Petitioner ... Mr.S.Ravi ^For Respondents ... Mr.T.vadivelan :ORDER
The petition is filed seeking transfer of O.S.No.44 of 2009 pending on the
file of the Subordinate Court, Kulithalai to the District Court, Karur.
2. The first respondent herein is the plaintiff in O.S.No.44 of 2009. The
first respondent is the wife of one Mr.Arunachalam. Mr.Arunachalam was given
power by the second respondent herein, Mr.Natarajan relating to deal with some
of his properties.
3. Mr.Arunachalam filed O.S.No.159 of 2009 in the capacity of the power
agent representing Mr.Natarajan before the Subordinate Court, Karur, praying for
permanent injunction restraining the petitioner herein and the three others from
interfering in the suit properties that are owned by Mr.Natarajan.
4. In I.A.No.367 of 2009 in O.S.No.159 of 2009, Mr.Arunachalam obtained
interim injunction and also police protection in his favour. Mr.Natarajan filed
I.A.No.700 of 2009 in O.S.No.159 of 2009 for withdrawing the suit itself on the
ground that the power granted to Mr.Arunachalam was already cancelled. No order
was passed in I.A.No.700 of 2009. Hence, Mr.Natarajan filed C.R.P.No.255 of 2010
before this Court and obtained interim suspension of order passed in I.A.No.367
of 2009 by the Subordinate Court, Karur. This Court also granted interim stay
of police protection granted to Mr.Arunachalam.
5. According to Tmt.Dhanalakshmi, wife of Mr.Arunachalam, her husband
Mr.Arunachalam, as power agent executed sale deed in her favour the properties
which was owned by Mr.Natarajan. Hence, she filed O.S.No.44 of 2009 praying for
permanent injunction against the petitioner herein as well as Mr.Natarajan and
others, before the Subordinate Court, Kulithalai.
6. Tmt.A.Dhanalakshmi, gave a complaint to the police that the petitioner
herein and Mr.Natarajan and others were trespassing into the lands which were
sold by her husband to her as a power agent of Mr.Natarajan and they prevent her
from harvesting crops grown in the land. She filed Crl.O.P.(MD)No.1398 of 2010
seeking police protection for her life and to indulge in irrigation and
harvesting process in her land.
7. Tmt.A.Dhanalakshmi stated that since there was no presiding Judge in
the Subordinate Court, Kulithalai, she was not able to get an order of
injunction against Mr.Natarajan, the land owner and the petitioner herein and
others, and that therefore she approached this Court by filing
Crl.O.P.(MD)No.1398 of 2010. In these circumstances, this Court passed an order
dated 12.02.2010 directing the Subordinate Judge, Karur, to dispose the
I.A.No.217 of 2009 in O.S.No.44 of 2009 pending on the file of Subordinate
Court, Kulilthalai. She did not disclose about the earlier order in I.A.No.367
of 2009 in O.S.No.44 of 2009 and the order of this Court in C.R.P.(PD)(MD)No.255
of 2010, referred to above.
8. In these circumstances, the petitioner herein filed transfer civil
miscellaneous petition No.51 of 2010 seeking transfer of O.S.No.44 of 2009 from
Subordinate Court, Kulithalai to the District Court, Karur. In the application,
some allegations were made that the Subordinate Judge, Karur, was interested in
disposing of the application filed in I.A.No.217 of 2009 in O.S.No.44 of 2009
based on the interim order in Crl.O.P(MD)No.1398 of 2010. This Court on
24.02.2010 admitted this application and granted stay.
9. Now, It is submitted that the regular presiding officer is appointed to
the Subordinate Court, Kulithalai and that there is no need to transfer the
O.S.No.44 of 2009 to other Court. In these circumstances, I hereby direct the
Subordinate Court, Kulithalai to proceed with O.S.No.44 of 2009 and other
interim applications pending therein and to dispose of the same within a period
of six months from the date of receipt of a copy of this order.
with the above terms, this application is disposed of. No costs.
Consequently, connected miscellaneous petition is also closed.
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To
1. The District Judge,
Karur.
2. The Subordinate Judge,
Karur.
3. The Subordinate Judge,
Kulithalai.