1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM Tr CMP (MD)No.127 of 2011 and MP(MD)No.1 of 2011 M.Balkesse Amma .. Petitioner/Respondent Vs. R.Thirumurthy .. Respondent/Petitioner Transfer Civil Miscellaneous Petition filed under section 24 of CPC to withdraw E.A.No.280 of 2010 in E.P.No.410 of 2005 in Original Suit No.447 of 2001 from the file of the First Additional Sub Court, Trichirapalli and transfer the same to any other Sub Court, Trichirapalli. For Petitioner : Mr.E.Somasundaram ORDER This Transfer Civil Miscellaneous Petition has been filed praying to withdraw and transfer E.A.No.280 of 2010 in E.P.No.410 of 2005 in Original Suit No.447 of 2001 from the file of the First Additional Sub Court, Trichirapalli to any other competent Court, Tiruchirapalli. 2. It is stated in the petition that the petitioner as plaintiff has instituted Original Suit No.447 of 2001 on the file of the Court below, wherein the present respondent has been shown as sole defendant. In Original Suit No.447 of 2001 an executable decree has been passed and the same has been put into execution in E.P.No.410 of 2005. In E.P.No.410 of 2005, the petitioner after obtaining permission from the Court has purchased the property mentioned therein and subsequently the respondent as petitioner has filed E.A.No.280 of 2010 so as to set aside the same. But the Court below without giving early disposal in E.A.No.280 of 2010 has simply adjourned the same. Under the said circumstances, the present petition has been filed for getting the relief sought for therein. 3. In paragraph-8 of the petition it is stated that E.A.No.280 of 2010 is pending for a long time. Under the said circumstances, the same is liable to be withdrawn and transferred from the file of the Court below to the file of any other competent Court. 4. Considering the reason given in paragraph-8 of the petition, this Court is of the view that E.A.No.280 of 2010 in E.P.No.410 of 2005 in Original Suit No.447 of 2001 cannot be transferred. But instead, this Court can give specific direction to the Court below to dispose of E.A.No.280 of 2010 as stated infra. https://hcservices.ecourts.gov.in/hcservices/ 2 5. In fine, this petition is dismissed at the stage of admission and the First Additional Sub Court, Trichirapalli is directed to dispose of E.A.No.280 of 2010 in E.P.No.410 of 2005 in Original Suit No.447 of 2001 on or before 05.08.2011 and report the same to the Registry without fail. The Registry is directed to send a copy of this order forthwith. Connected Miscellaneous Petition is also dismissed. sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To The First Additional Subordinate Judge, Trichirapalli. Copy To: 1. The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. 2. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. + 1 cc to M/s.E.Somasundaram, Advocate, SR No.21399 Tr CMP (MD)No.127 of 2011 04.07.2011 mj RJ/7.7.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/