Petitioner sought transfer of civil suit under Section 24 CPC due to vacancy in the Erode court. The petition was dismissed as infructuous after the vacancy was filled, making the transfer unnecessary.
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Tr.CMP.No.1044 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.07.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.CMP.No.1044 of 2023 and C.M.P.No.25274 of 2023
K.S.Yaswant Kumar
.. Petitioner
Vs.
1.K.R.Sadasivam
9.N.Balasubramaniam
Page No 1 of 5
Tr.CMP.No.1044 of 2023
10.T.Clament
11.M.Felix Jayakumar
12.D.Thangaraj
13.S.L.Jeevananthan
14.L.Valarmathi
15.D.Premkumar
16.The Sub Registrar, Sub Registrar Office, Erode Main Road, Aval Poondurai (Post), Modakurichi Taluk, Erode District .. Respondents
Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the proceeding in O.S.No.379 of 2020 on the file of the learned I Additional District Judge at Erode and transfer the same to the file of the learned Additional District Judge at Namakkal.
For Petitioner : Mr.E.Shanmugasundaram, No Appearance
For R1 and R2 : Mr.K.Subramanian
For R3 : Mr.S.Ajithkumar
For R4 and R9 : Mr.V.S.Kesavan
For R6 to R8 : Mr.K.Mylsamy
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Tr.CMP.No.1044 of 2023
For R16 : Mr.M.Muthusamy Government Advocate
RR5, 10, 11, 12, 14 & 15 : Served, No Appearance
For R13 : Not Ready in Notice, No Appearance
ORDER
The matter was listed yesterday and the learned counsel for the petitioner was absent. Even today, the learned counsel for the petitioner is absent. Therefore, I heard Mr.K.Subramanian, appearing on behalf of the 1st and 2nd respondents, Mr.S.Ajithkumar, appearing on behalf of the 3rd respondent, Mr.V.S.Kesavan, appearing on behalf of respondent Nos.4 and 9, Mr.K.Mylsamy, appearing on behalf of respondent Nos.6 to 8 and Mr.M.Muthusamy, learned Government Advocate, appearing on behalf of the 16th respondent.
attention to Paragraph No.13 of the affidavit of the transfer petition and would point out that the ground on which the transfer was sought is
that the post of the learned I Additional District Judge at Erode was
Page No 3 of 5
Tr.CMP.No.1044 of 2023
vacant and hence, the petitioner/plaintiff wanted the matter to be transferred to the file of any other Court.
was entertained by this Court on 07.11.2023, a regular officer has been posted and has also assumed office as the learned I Additional District Judge at Erode and is conducting the proceedings.
Officer to man the Court, having vanished, there is no necessity to retain this transfer petition. Accordingly, the Transfer Civil Miscellaneous Petition stands dismissed as infructuous. No costs. The connected Civil Miscellaneous Petition is closed.
16.07.2024
mkn2
Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No
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Tr.CMP.No.1044 of 2023
V. LAKSHMINARAYANAN, J.
mkn2
To
The learned I Additional District Judge, Erode
Tr.CMP.No.1044 of 2023 and C.M.P.No.25274 of 2023
16.07.2024
Page No 5 of 5 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether a transfer petition filed under Section 24 CPC for lack of a judge should be maintained when the deficiency has been rectified.
K.S.Yaswant Kumar
T.Clament
The Sub Registrar, Sub Registrar Office, Erode Main Road
V.Lakshminarayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
