1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM Tr CMP (MD)Nos.171 and 172 of 2011 and MP(MD)Nos.1 & 1 of 2011 1.Mohamed Abdulla Sait 2.S.Pakeer Maideen 3.S.Shahul Hameed .. Petitioners/Defendants in Tr.CMP No.171/11 Mohamed Abdulla Sait .. Petitioner/Plaintiff in Tr.CMP No.172/11 Vs. T.M.V.N.Shasranamam .. Respondent/Plaintiff in Tr.CMP No.171/11 .. Respondent/Defendant in Tr.CMP No.172/11 Transfer Civil Miscellaneous Petitions filed under section 24 of CPC praying to withdraw and transfer Original Suit Nos.427 and 483 of 2011 from the file of Third Additional Sub Court, Madurai to the file of any Sub Court For Petitioners : Mr.N.Ananthapadmanabhan (both cases) For Respondent : Mr.M.Rajaraman (both cases) COMMON ORDER These Transfer Civil Miscellaneous Petitions have been filed praying to withdraw and transfer Original Suit Nos.427 and 483 of 2011 from the file of Third Additional Sub Court, Madurai to the file of any other competent Court. 2. It is stated in the petitions that Original Suit Nos.427 and 483 of 2011 are pending on the file of the Third Additional Sub Court, Madurai between the petitioners and respondent and some Interlocutory Applications are pending. The petitioners have believed that the Third Additional Sub Judge, Madurai will be fair and impartial in conducting trial of both suits But on the other hand, he openly expressed in the presence of Bar that he is going to pass orders on the basis of records and dispose of the suits itself within 15 days. The respondent has also asked the Third Additional Sub Judge, Madurai by going nearer to dais as to what happened to the assurance given to him that all the suits will be disposed of within 15 days. Under the said circumstances the petitioners have lost faith in Third Additional Sub Judge, Madurai and therefore, the present petitions have been filed for getting the reliefs sought for therein. https://hcservices.ecourts.gov.in/hcservices/ 2 3. On the basis of the allegations made against the Third Additional Sub Judge, Madurai, this Court has directed him to submit his remarks and accordingly he submitted his remarks wherein it is stated like thus: “I humbly submit that the 1st transfer petitioner S.Mohamed Abdullah Sait and 2 others (Tr.Cr.M.P.No.171/11) as plaintiff filed a suit in O.S.No.36/11 for bare injunction, not to evict him except due process of law, before Madurai Taluk Munsif Court, against respondent (TMVN Sahasharanamam) arrayed as defendant. One I.A was filed for temporary injunction. The defendant also filed a 2nd temporary injunction application against the plaintiff. The said two I.As were posted for order on 29.04.2011 by Taluk Munsiff. On transfer, application made by this petitioner Mohammad Abdulla Sait, the case was transferred to this Court and renumbered as 483/11. Issues were framed, suit is posted for trial. I.A are renumbered I.A.337/11, 326/11 and posted for hearing re-argument. It is directed by the Hon'ble District Court in Transfer O.P.28/11 to dispose of the I.As as early as possible. I further submit that the respondent (in the referred Tr.O.P) filed a suit in the vacation Court and it was transferred to this Court and re-numbered as O.S.No.427/11 along with I.A.241/11 for temporary injunction. In O.S.No.427/11 the defendants (petitioners in the Tr.O.P) did not file any written statement. In I.A.241/11 defendant filed a counter and it is riped for enquiry from 26.05.2011. But for the 7 hearing there is no progress in the said I.A. even the petitioner pressing for enquiry, while so a commissioner appointment application was filed in I.A.No.296/11, that was heard and posted for continuing argument from 21.06.2011, 29.06.2011, 01.07.2011, 15.07.2011, 16.08.2011. I humbly submit that the petitioner alleges that I have not bother about to dispose of I.A.326/11 and openly making a statement in open Court that I will decide possession on the basis of records and pass order in the suit within 15 days. I honestly denies that I never open my mouth ad never stated as alleged above. Further the petitioner alleges that I.A. filed in O.S.No.423/11 shall remain unnumbered. It is utterly false; whenever the petition filed by him is numbered on the same day itself. The following I.As are pending numbered as in O.S.483/11. I.A.337/11 – Injunction IA filed by petitioner. (Both are riped for enquiry from 01.7.2011) I.A.326/11 – Injunction IA filed by respondent I.A.344/11 – Application for appointing commissioner (Riped for enquiry from 01.07.2011) OS 427/11 - filed by the respondent IA.241/11 for temporary injunction filed by the respondent for riped for enquiry from 26.05.2011 IA.296/11 – Commissioner application riped for trial from 01.07.2011. https://hcservices.ecourts.gov.in/hcservices/ 3 Further I submit that it is false to allege that respondent was present and asked about the assurance for his near dais. I humbly submit that I do not know who is petitioner and respondent. Further the Bar President and Secretary never met me in these aspect. The allegations made by petitioner is false one. I humbly submit that actually the above said both suits and five I.As were riped for enquiry from 01.07.201. The respondent counsel pressing for enquiry; and the petitioner counsel seeking adjournment. If the case is adjourned respondent counsel is shouting against the Court, if it is passed over for argument the petitioner is shouting in the open Court and seeking adjournments. As such the hearing was posted on 27.06.2011, 01.07.2011, 15.07.2011 and 16.08.2011; all the hearing both were quarrelling each other and show there angry in the Court. I submit that I have denied all allegations as false. I have on objection to transfer the case to any other Court. Hence I humbly submit this reply for your honour's kind perusal and consideration.” 4. The learned counsel appearing for the petitioners has vehemently contended that the suits mentioned in the petitions are pending on the file of the Third Additional Sub Judge, Madurai, wherein so many Interlocutory Applications are pending and without disposing of the same, the Third Additional Sub Judge, Madurai has openly declared that he is going to dispose of suits itself on the basis of records within 15 days and further he has adjourned both the suits and at that time the respondent has approached the Third Additional Sub Judge, Madurai and asked him as to what happened to the assurance given to him to the effect that all the suits will be finalised within 15 days. Under the said circumstances the petitioners have lost their faith upon the Third Additional Sub Judge, Madurai and therefore, the present petitions have been filed for getting the reliefs sought for therein. 5. In order to controvert the contention put forth on the side of the petitioners, the learned counsel appearing for the respondent has sparingly contended that the suits mentioned in the petitions have not reached the stage of trial and therefore no occasion has arisen to either party to make their presence in open Court and therefore, all the allegations made against the Third Additional Sub Judge, Madurai are vexatious and also frivolous and further no opportunity has occurred on the part of the respondent to approach the Third Additional Sub Judge, Madurai and asked him as to what happened about the alleged assurance given to him and the Principal District Court, Madurai has already given a specific direction to dispose of the suits mentioned in the petitions within the stipulated period and in order to protract the proceedings, these petitions have been filed and therefore, the same are liable to be dismissed. 6. It is an admitted fact that in between the petitioners and respondent the suits mentioned in the petitions are pending on the file of the Third Additional Sub Judge, Madurai. The main allegation made in the https://hcservices.ecourts.gov.in/hcservices/ 4 petitions is that in both the suits some Interlocutory Applications are pending and without disposing the same, the Third Additional Sub Judge, Madurai has openly stated that he is going to finalise both the suits within 15 days on the basis of records and further the respondent has approached him in open Court and asked him as to what happened about the assurance given to him to the effect that all the proceedings will be finalised within 15 days. 7. As stated supra, in both the suits so many Interlocutory Applications are pending and further both the suits have not reached the stage of trial. Since both the suits have not reached the stage of trial, it is highly impossible on the part of either party to make thier presence in open Court and further as stated earlier the suits in question have not reached the stage of trial. Since the suits in question have not reached the stage of trial, it is highly impossible on the part of the Third Additional Sub Judge, Madurai to make the alleged comment to the effect that he would dispose of both the suits within 15 days on the basis of records. The Third Additional Sub Judge, Madurai has refuted all the allegations made in the petitions. Considering the stage of the suits mentioned in the petitions and also considering that there is no circumstance which warrants the Third Additional Sub Judge, Madurai to make such kind of comment in open Court and also there is no circumstance on the part of the respondent to approach the Third Additional Sub Judge, Madurai so as to ask the question alleged to have been put by him, it is needless to say that these petitions have been filed on the basis of trumpery reasons. Since these petitions have been filed on the basis of frivolous, vexatious and also trumpery reasons, this Court is of the view that these petitions are liable to be dismissed. 8. In fine, these Transfer Miscellaneous Petitions are dismissed without cost. The Third Additional Sub Judge, Madurai is directed to dispose of both Original Suit Nos.427 and 483 of 2011 as early as possible after observing due procedure without making unnecessary comments with regard to trial as well as merits of the suits. Connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To The Third Additional Subordinate Judge, Madurai +3cc to Mr.M.Rajaraman, Advocate Sr.No.28321 mj akm/7.9.11 /4p-5c/ order in Tr CMP (MD)Nos.171 and 172 of 2011 19.08.2011 https://hcservices.ecourts.gov.in/hcservices/