IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 12.12.2008 CORAM THE HONOURABLE MR.JUSTICE M. VENUGOPAL Tr.C.M.P.No.440 of 2008 and M.P.No.1 of 2008 S.V. Chitra Devi .. Petitioner Vs. K. N. Muthusamy .. Respondent This transfer Civil Miscellaneous petition is filed under Section 24 of C.P.C. to withdraw the suit in O.S.No.67 of 2008 on the file of Principal District Court, Erode and transfer the same to any other appropriate Court outside Erode District and pass such further or other orders. For Petitioner : Mr. P.M.Durai Swamy For Respondent : Mr. M.M.Sundresh ***** O R D E R
The petitioner/defendant has filed this Transfer Civil Miscellaneous Petition, praying for issuance of an order by this Court to withdraw the suit in O.S.No.67 of 2008, pending on the file of Principal District Judge, Erode and to transfer the same to any other appropriate Court outside the Erode District.
2. The petitioner herein is the defendant in the main case O.S.No.67 of 2008 pending on the file of Principal District Judge, Erode. The respondent/plaintiff is the agreement holder, who has filed the suit for specific performance against the petitioner/defendant. Admittedly, the main suit is pending. Further, it is also brought to the notice of this Court that the petitioner/defendant has filed an Interlocutory Application No.636 of 2008, praying for police protection and the same is pending before the trial court.
3. The main contention of the petitioner herein is that the respondent/plaintiff has started giving threat and in fact challenging the petitioner/defendant to come to the trial court for adducing evidence and that the petitioner is living with her young children at Karur and she has no one to support and that her life is in danger if she comes to attend the case at Erode. It is also the further plea of the petitioner/defendant that due to some misunderstanding with her husband, she is living in Karur.
4. The petitioner/defendant in her Transfer Civil Miscellaneous Petition has also averred that she may not be in a position to bring witnesses on her side to establish her case in a charged and difficult environment and witnesses may also hesitate to come and give evidence when there is a threat from the respondent/plaintiff’s side.
5. In the counter filed by the respondent/plaintiff, it is inter alia mentioned that the petitioner/defendant has entered into a registered sale agreement with him on 11.12.2007 for the sale of the suit property etc. and that the petitioner/defendant is acting in conclusion with one Sampath and created a false, fabricated and anti- dated agreement etc. and that the said Sampath has filed Interlocutory Application No.635 of 2008 to implead him as a party to the suit and that has been dismissed by the trial court and that there is no merit in the Transfer Civil Miscellaneous Petition and for the last five hearings, the petitioner/defendant has not attended the case and that the plaintiff is to be cross examined and at this stage, the application filed by the petitioner/defendant praying for transfer is liable to be dismissed in limini.
6. On a careful consideration of respective contentions in as much as the respondent/plaintiff is to be cross examined in the main case O.S.No.67 of 2008 and in view of the fact that the same is pending part heard for some time and also taking note of the fact that I.A.No.636 of 2008 filed by the petitioner/defendant praying for police protection is pending before the trial court, this Court is of the considered view that the Transfer Civil Miscellaneous Petition is not maintainable and in this view of the matter, the Transfer Miscellaneous Petition fails and the same is hereby dismissed.
7. In the result, the Transfer Civil Miscellaneous Petition is dismissed leaving the parties to bear their own cost. The trial court is directed to dispose of the Interlocutory Application No.636 of 2008 filed by the petitioner/defendant praying for police protection, on merits and also to dispose of the main suit, within a period of three months from the date of receipt of the copy of this order. Consequently, the connected M.P.Nos.1 of 2008 is closed.
12.12.2008
aes
Index : Yes
Internet: Yes
To
The Principal District Judge,
Erode
M. VENUGOPAL, J.
aes
Tr.C.M.P.No.440 of 2008 and
M.P.No.1 of 2008
Dated: 12-12-2008