IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.11.2008 CORAM: THE HONOURABLE MR. JUSTICE M.VENUGOPAL Transfer C.M.P.No.218 of 2008 and M.P.No.1 of 2008 C. Radhasharan Agarwal .. Petitioner vs. S. Samson Sampath Kumar .. Respondent Petition filed under Section 24 of the Civil Procedure Code, for withdrawing the suit in O.S.No.111 of 2008 on the file of the Principal Sub Court, Chengalpet and transfer the same to any competent Civil Court at Chennai for disposal in accordance with law. For Petitioner : Mr.R.Srinivas For Respondent : Mr.M.Devendran --- O R D E R The petitioner/defendant has filed this petition praying this Court to pass an order to withdraw the suit in O.S.No.111 of 2008 on the file of the Principal Sub Court, Chengalpet and to transfer the same to any competent Civil Court at Chennai for disposal in accordance with law. 2. The learned counsel for the petitioner/defendant submits that the petitioner/defendant is aged 72 years, that he is a sickly person, that his lungs are in a damaged condition, that he breathes with great difficulty, that he cannot sit or travel and also cannot stand for more than five minutes, that he cannot travel to Chengalpet from Chennai and conduct the case and further, he is not financially well and therefore, prays for allowing the transfer petition in the interest of justice. 3. The learned counsel for the respondent/plaintiff contends that if the suit is transferred from the file of the Principal Sub Judge, Chengalpet, it will cause great irreparable loss and https://hcservices.ecourts.gov.in/hcservices/ inconvenience to the respondent, that in pursuance of the sale agreement dated 05.12.2006, the respondent/plaintiff put in possession of the property agreed to be sold to him and to safeguard his possession and property, the respondent has obtained necessary interim order from the Principal Subordinate Judge, Chengalpet and therefore, the application filed by the revision petitioner is not maintainable in law and on facts and therefore, prays for dismissal of this petition. 4. In view of the fact that the respondent/plaintiff has obtained an interim order before the Court of Principal Sub Judge, Chengalpet in I.A.No.317 of 2008 in O.S.No.111 of 2008, this Court is of the considered view that it is not possible for this Court to allow the transfer application at this stage. 5. In that view of the matter, Transfer C.M.P. fails and the same is accordingly dismissed. However, liberty is given to the petitioner/defendant to approach the trial Court and to seek appropriate remedy for his exemption from appearance by filing necessary application in the manner known to law. Added further, it is open to the petitioner/defendant to file a commission application for his examination, if he is so advised. No costs. Consequently, M.P.No.1 of 2008 is also dismissed. ATR Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To The Principal Sub Judge Chengalpet. SJ(CO) SR/12.11.2008 Tr.C.M.P.No.218 of 2008 https://hcservices.ecourts.gov.in/hcservices/