IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 19.4.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.No.50 of 2010 P.Deivamani ... Petitioner vs. Smt.S.Lakshmi rep by her P.O.A Mr.V.Mathivanan ... Respondent This Civil Revision Petition has been filed under section 24 of CPC to withdraw O.S.No.39 of 2010 pending on the file of the District Munsif, Alandur, and to transfer the same to any District Munsif Court, Tiruvallur District. For petitioner : Mr.M.V.Muralidaran For Respondent : Mr.A.Ramu O R D E R This transfer miscellaneous petition No.50 of 2010, has been filed to withdraw O.S.No.39 of 2010, pending on the file of the District Munsif Court, Alandur, and to transfer the same to the District Munsif Court, Tiruvallur. 2. The respondent had filed the suit, in O.S.No.39 of 2010, on the file of the District Munsif Court, Alandur, praying for a decree of permanent injunction restraining the petitioner herein and others claiming through him from, in any manner, trespassing into the suit schedule property and from disturbing the peaceful possession and enjoyment of the suit property, by the respondent. The respondent had also filed an interlocutory application, in I.A.No.81 of 2010, for an order of interim injunction against the petitioner. 3. The main contention of the petitioner is that the learned District Munsif, Alandur, is taking up the matter for hearing without giving a fair opportunity to the petitioner. The learned District Munsif, Alandur, is also attempting to pass interim orders in the injunction application, hurriedly, and therefore, the petitioner would not get fair justice. In such circumstances, the petitioner has preferred the present transfer civil miscellaneous petition, under https://hcservices.ecourts.gov.in/hcservices/ Article 227 of the Constitution of India. 4. Per contra, the learned counsel appearing for the respondent had submitted that the petitioner has not been in a position to substantiate his allegations, as they are vague and unsustainable. The transfer civil miscellaneous petition has been filed only with the mala fide intention of dragging on the proceedings in the suit, in O.S.No.39 of 2010. 5. Considering the submissions made by the learned counsels appearing for the parties concerned, this Court finds that the reasons stated by the petitioner for transferring the suit, in O.S.No.39 of 2010, from the file of the District Munsif Court, Alandur, to the District Munsif Court, Tiruvallur, cannot be sustained. The allegations made by the petitioner against the concerned Presiding Officer have not been substantiated by sufficient evidence. Further, if the suit, in O.S.No.39 of 2010, is transferred, as prayed for by the petitioner, based on the mere allegations, as stated in the affidavit filed in support of the transfer civil miscellaneous petition, it would cast a serious aspersion against the Judicial Officer, affecting her carrier, adversely. Since, there is no substance in the allegations made by the petitioner against the learned District Munsif, Alandur, the transfer civil miscellaneous petition is liable to be dismissed, as devoid of merits. Hence, it is liable to dismissed. No costs. Consequently, connected M.P.Nos.1 and 2 of 2010, are closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar lan To 1. The District Munsif, Alandur 2. The District Munsif Court, Tiruvallur District 1 cc to Mr.M.V.Muralidaran, Advocate, Sr.No.25883 1 cc to Mr.A.Ramu, Advocate, Sr.No.25349 Tr.C.M.P.No.50 of 2010 BVN {CO} TP/30.4.2010. https://hcservices.ecourts.gov.in/hcservices/