1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 Coram: THE HONOURABLE MR.JUSTICE T.MATHIVANAN Tr.C.M.P (MD).No.308 of 2011 and M.P (MD) No.1 of 2011 1. V.P.Eswaran 2. T.Pitchaivelu 3. P.Thangamanivel ... Petitioners/Def. 1 to 3 -Vs- R.Sumathi Papathiammal(Died) ... Respondents/Plaintiff & 4th Def. PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Code of Civil Procedure, praying to withdraw the suit in O.S.No.751 of 2011 on the file of the First Additional Sub Court, Madurai and transfer to any other Sub-Court, Madurai. For Petitioners : Mr.C.Vakeeswaran For Respondent : Mr.J.Anandkumar O R D E R After invoking the proviso to Section 24 of the Code of Civil Procedure, 1908, the petitioners have preferred this petition seeking the relief of withdrawal of the suit in O.S.No.751 of 2011 from the file of the learned First Additional Subordinate Judge, Madurai and transfer to any other Subordinate Court, Madurai for disposing the same in accordance with law. 2. When the petition came up for hearing Mr.C.Vakeeswaran, learned Counsel for the petitioners has submitted that the learned First Additional Subordinate Judge, Madurai had developed bias in his mind and while reserving orders in the Interlocutory Applications in I.A.Nos.847 and 848 of 2011, without hearing clarification, he has suo motu pronounced the order and this would reflect the minds of the respondent in the suit and hence the petitioners have sought the relief transfer of the suit to any other Subordinate Court in Madurai. 3. Mr.J.Anandkumar, learned Counsel for the respondent has also resisted the petition to withdraw and transfer the suit in O.S.No.751 of 2011. 4. Perused the averments of the affidavit filed in support of this petition and on considering the submissions made on behalf of both sides, this Court is of view that since this petition has been filed containing allegations as against the learned First Additional Subordinate Judge it may be expedient to withdraw and transfer the suit in O.S.No.751 of 2011 to the file of any one of the Subordinate Judges functioning within the campus of Madurai District Court. It is also brought to the notice of this Court that the vigilance enquiry has been initiated against the Presiding Officer and even if the matter is allowed to continue in that Court, as rightly addressed by the learned Counsel for the petitioners, definitely their intervention would cause bias on the learned Subordinate Judge. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Under this circumstance, this Court finds that the suit in O.S.No.751 of 2011 may be ordered to be withdrawn from the file of the learned First Additional Subordinate Judge, Madurai and transferred to the Principal Subordinate Judge, Madurai for disposing the same in accordance with law. 6. Accordingly, this petition is allowed and the suit in O.S.No.751 of 2011 is ordered to be withdrawn from the file of the learned First Additional Subordinate Judge, Madurai and transferred to the file of the learned Principal Subordinate Judge, Madurai and the learned Principal Subordinate Judge, Madurai is also directed to dispose of the suit within a time bound manner preferably by the end of July, 2012. The learned Principal Subordinate Judge, Madurai is also directed to report the fact of disposal of the suit to the Registry. Consequently, connected miscellaneous petition is closed. There is no order as to costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1. The First Additional Subordinate Judge, Madurai. 2. The Principal Subordinate Judge, Madurai. Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. Tr.C.M.P(MD)No.308 of 2011 22.12.2011 ps psk/03.05.2012/2P/4C https://hcservices.ecourts.gov.in/hcservices/