1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM Tr CMP (MD) No.174 of 2011 and MP (MD)No.1 of 2011 Donald Cardosa .. Petitioner/2nd Defendant Vs. 1.Antony Xavier .. Respondent/Plaintiff 2.Ignasious Cordoza & Sons Thoothukudi rep.by its Managing Director Donald Cardoza. 3.Steny Cardoza 4.Crisilda Cardoza 5.Pitchammal @ Ignasia Cardoza 6.Savorina Cardoza 7.Delcia Cardoza 8.Sujitha Cardoza .. Respondents/Defendants 1 & 3 to 8 Transfer Civil Miscellaneous Petition filed under section 24 of CPC praying to withdraw and transfer Original Suit No.18 of 2009 on from the file of Additional District Court/Fast Track Court No.I Thoothukudi to any other District Court at Thoothukudi or any other competent Court. For Petitioner : Mr.J.Lawrance ORDER This petition has been filed under section 24 of the Code of Civil Procedure, 1908 praying to withdraw and transfer Original Suit No.18 of 2009 from the file of Additional District Court/Fast Track Court No.I Thoothukudi to any other competent Court in Thoothukudi District. 2. The first respondent herein as plaintiff has instituted Original Suit No.18 of 2009 on the file of the Court below, wherein the present petitioner has been shown as second defendant. On the side of the plaintiff as well as on the side of the defendants, both oral and documentary evidence have been adduced and on the basis of the petition filed on the side of the petitioner/second defendant evidence on his side has been reopened and subsequently the petitioner/second defendant has been recalled and examined and further Exs.B1 and 2 have been marked. On the date of examination of the petitioner/second defendant a request has been made to the Additional District Judge, Thoothukudi so as to adjourn Original Suit No.18 of 2009 for the purpose of examination of one witness by https://hcservices.ecourts.gov.in/hcservices/ 2 name Christy. But the request of the petitioner/second defendant has been turned down and Original Suit No.18 of 2009 has been adjourned for hearing argument. Since the Presiding Officer has failed to give sufficient opportunity to the petitioner/second defendant, it is not feasible to get proper justice from the Additional District Court/Fast Track Court No.I, Thoothukudi. Under the said circumstances, the present petition has been filed for getting the relief sought for therein. 3. On the basis of the representation made on the side of the petitioner, report has been called for from the Additional District Court/Fast Track Court No.I, Thoothukudi and accordingly a report has been received, wherein it has been clearly stated that Original Suit No.18 of 2009 has been adjourned to 25.07.2011 for hearing argument of the defendants. 4. Considering the fact that Original Suit No.18 of 2009 has been adjourned to 25.07.2011 for hearing argument of the defendants and also considering the allegation made on the side of the petitioner is nothing but trivial in nature, this Court is of the view to direct the Additional District Court/Fast Track Court No.I, Thoothukudi to give one more opportunity so as to examine the witness mentioned in the petition on the side of the petitioner/second defendant. With the above observation, the present petition is liable to be dismissed. 5. In fine, this petition deserves dismissal and accordingly is dismissed. The Additional District Court/Fast Track Court No.I, Thoothukudi is directed to permit the petitioner/second defendant to examine the witness mentioned in the petition by way of filing relevant petitions. The Additional District Court/Fast Track Court No.I, Thoothukudi is also directed to dispose of Original Suit No.18 of 2009 before the end of August 2011. The petitioner/second defendant is strictly directed to examine the witness mentioned in the petition by way of filing relevant petitions without getting unnecessary adjournment and also directed to bestow his unstinted support to the Court below for disposing of Original Suit No.18 of 2009. Connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar To The Additional District Court/ Fast Track Court No.I, Thoothukudi +1cc to Mr.J.Lawrence, Advocate Sr.No.23833 mj ssk/28.07.2011 /3c – 2 p/- Tr CMP (MD) No.174 of 2011 18.07.2011 https://hcservices.ecourts.gov.in/hcservices/