1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM Tr CMP (MD)No.96 of 2011 and MP(MD)No.1 of 2011 1.M.N.Ramanathan Chettiar (died) 2.R.Natarajan 3.AR.Ramanathan .. Petitioners/Plaintiffs Vs. S.N.Chokkalingam Chettiar .. Respondent/Defendant Transfer Civil Miscellaneous Petition filed under section 24 of CPC to withdraw Original Suit No.36 of 2008 from the file of the Sub Court, Sivagangai and transfer the same to any other competent Court having jurisdiction at Madurai. For Petitioners : Mr.S.Srinivasa Raghavan For Respondent : Mr.V.R.Shanmuganathan ORDER This Transfer Civil Miscellaneous Petition has been filed under section 24 of the Code of Civil Procedure, 1908 praying to withdraw and transfer the Original Suit No.36 of 2008 from the file of the Sub Court, Sivagangai to the file of any other competent Court. 2. It is stated in the petition that the father of the petitioners by name Ramanathan Chettiar has instituted Original Suit No.36 of 2008 on the file of the Sub Court, Sivagangai praying to pass a money decree, wherein the present respondent has been shown as sole defendant and further it is stated in the petition that in Original Suit No.36 of 2008 on the side of the plaintiff some witnesses have been examined. But the Sub Judge, Sivagangai has shown partiality towards the defendant. Under the said circumstances, the petitioners are having apprehension and therefore, the present petition has been filed for getting the relief sought for therein. 3. With regard to allegations made against the Sub Judge, Sivagangai, remarks have been called for from him and accordingly he submitted a detailed remarks, wherein he has refuted all the allegations made against him. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Considering the fact that the petitioners have suspected probity of the Sub Judge, Sivagangai, it is not feasible to allow him to dispose of Original Suit No.36 of 2008 and therefore, this Court is of the view to allow the present petition. 5. In fine, this petition is allowed without cost and Original Suit No.36 of 2008 is ordered to be withdrawn and transferred from the file of Sub Court, Sivagangai to the file of Sub Court, Pudukottai. The Sub Court, Pudukottai is directed to dispose of the same before the end of September 2011. The Sub Court, Sivagangai is directed to transmit all the records immediately. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS) To 1.The Subordinate Judge, Sivagangai 2.The Subordinate Judge, Pudukottai +1 CC to Mr.S.Srinivasa Raghavan, Advocate, Sr.NO.21651 Copy to : The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. mj Tr CMP (MD)No.96 of 2011 05.07.2011 TR : 15.07.2011 : 2p/5c https://hcservices.ecourts.gov.in/hcservices/