1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tr.C.M.P(MD)No.34 of 2011 and M.P(MD)No.1 of 2011 Salim ... Petitioner Vs. 1.Mohideen Pitchai 2.Noorammal ... Respondents PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw and transfer C.M.A.No.7 of 2010 from the file of Principal District Judge, Theni to any other competent Court. For Petitioner :Mr.G.R.Swaminathan For Respondents:No Appearance. ORDER The learned counsel for the petitioner is present and is heard. No representation on behalf of the respondents 1 & 2. 2. The petitioner herein is the decree holder in O.S.No.138 of 2004 and the sole respondent in C.M.A.No.7 of 2010 on the file of the Court of Principal District Judge, Theni, filed by the respondents 1 & 2 herein against the order made in E.A.No.208 of 2009 in E.P.No.15 of 2006 on the file of the Sub-Court, Uthamapalayam filed by the auction purchaser for effecting delivery of the property purchased by him. The transfer is sought for herein on the ground that the Civil Miscellaneous Appeal was heard and reserved for orders and the same was on one occasion reopened and posted under the caption for clarification and the presiding officer put forth suggestion to the petitioner to settle the matter with the opposite party by receiving the money due to the petitioner and though the petitioner is not willing to do so and expressed so, the Presiding Officer kept on adjourning the matter for effecting settlement. 3. In my considered view, the ground on which the transfer sought for appears to be unconvincing and unimpressive. The mere suggestion without any persuasion of compulsion on the part of the Court for ascertaining the possibility of settlement between the litigants cannot be a sole ground for effecting transfer of any matter and this Court is not inclined to accept the same and the petitioner is hence dis-entitled to get any relief in this petition. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In the result, this Transfer Civil Miscellaneous Petition is dismissed. However, the lower Court is directed to dispose of C.M.A.No.7 of 2010 as expeditiously as possible not later than two months from the date of receipt of copy of this order. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To The Principal District Judge, Theni. +1cc to Mr.G.R.Swaminathan Advocate, Sr.No.6744 Tr.C.M.P(MD)No.34 of 2011 15.03.2011 PM SMA/31.03.2011/3C/2P https://hcservices.ecourts.gov.in/hcservices/