Disposed¶53

D.Mangilal v. J.Javarilal Parekh

Madras HC17 Mar 2026CRP/5825/2025

Case brief

AI extract

What is this about?

Transfer of suit on apprehension of bias/interference; litigants' relatives are landlords of the building housing the trial court; third petitioner a practising advocate in that court; Madras High Court upholds transfer of O.S. No.26 of 2021 from District Munsif Court, Coonoor to District Munsif Court, Udhagamandalam (Tr.OP.No.29 of 2025); Civil Revision Petition CRP No. 5825 of 2025 disposed without interference; four-month time-bound disposal direction; stay petition CMP No. 28917 of 2025 closed; Nilgiris District; no costs.

What did the court decide?

No relief to the petitioners; the impugned transfer order stands. District Munsif Court, Udhagamandalam directed to dispose of O.S. No.26 of 2021 within four months; no costs; connected CMP No. 28917 of 2025 (seeking stay of the transfer order) closed. ¶53

D.Mangilal Vs J.Javarilal Parekh — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 13.10.2025 in Tr.OP.No.29 of 2025, transferring O.S. No.26 of 2021 from the District Munsif Court, Coonoor to the District Munsif Court, Udhagamandalam on the respondent's apprehension of interference by the petitioners, calls for interference in this Civil Revision Petition.

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Court's answer

Since the 3rd petitioner is a practising advocate in the District Munsif Court, Coonoor and the petitioners' relatives have let out the building housing that court to the Judicial Department, the Trial Court rightly transferred the case to the District Munsif Court, Udhagamandalam on the respondent's apprehension; the transfer is justifiable and no interference is warranted.

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Ratio / Principle

The District Munsif Court, Udhagamandalam is directed to dispose of O.S. No.26 of 2021 in accordance with law within four months from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Civil Revision Petition against an order of transfer of suit. The District Judge, Nilgiris District at Udhagamandalam had allowed, by order dated 13.10.2025 in Tr.OP.No.29 of 2025, the respondent's application to transfer O.S. No.26 of 2021 from the District Munsif Court, Coonoor to the District Munsif Court, Udhagamandalam, on his apprehension that the petitioners might interfere with the administration of justice - the 3rd petitioner being a practising advocate in the District Munsif Court, Coonoor and the petitioners' relatives having let out the building housing that court to the Judicial Department. Holding the transfer justifiable, the High Court (T.V. Thamilselvi J.) declined to interfere, directed the District Munsif Court, Udhagamandalam to dispose of O.S. No.26 of 2021 in accordance with law within four months of receipt of a copy of the order, imposed no costs, and closed the connected CMP No. 28917 of 2025 by which the petitioners had sought a stay of the transfer order.

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CRP No. 5825 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-03-2026

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CORAM

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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CRP No. 5825 of 2025 AND CMP No. 28917 of 2025

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D.Mangilal

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Res at Door No.100, Mount Road, Coonoor, The Nilgiris.

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D.Tejaraj Res at Door No.100, Mount Road, Coonoor, The Nilgiris.

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D.Maveerchand Res at Door No.100, Mount Road, Coonoor, The Nilgiris.

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..Petitioner(s)

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J.Javarilal Parekh Gyan Villa No.19, Mount Pleasant Road, Coonoor, The Nilgiris.

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..Respondent(s)

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CMP No. 28917 of 2025

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1. D.Mangilal

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Res at Door No.100, Mount Road, Coonoor, The Nilgiris.

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D.Tejaraj

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Res at Door No.100, Mount Road, Coonoor, The Nilgiris.

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D.Maveerchand

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Res at Door No.100, Mount Road, Coonoor, The Nilgiris.

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https://www.mhc.tn.gov.in/judis

CRP No. 5825 of 2025

..Appellant(s)

J.Javarilal Parekh

Gyan Villa No.19, Mount Pleasant Road, Coonoor, The Nilgiris.

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..Respondent(s)

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CRP No. 5825 of 2025

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To set aside the Order dated 13.10.2025 of the Court of Ld.District Judge, Nilgiris District at udhagamandala made in Tr.OP.No.29 of 2025.

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CMP No. 28917 of 2025

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To grant stay on the operation of the Impugned transfer Order dated 13.10.2025 passed by the District Judge, Nilgiris District at udhagamandala made in Tr.OP.No.29 of 2025 until the final disposal of the present CRP.

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CRP No. 5825 of 2025

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For Petitioner(s): Mr.Surya Teja SS Nalla For Respondent(s): Mr.L.Mouli

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ORDER

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This Civil Revision Petition has been filed to set aside the order dated 13.10.2025 made in Tr.OP.No.29 of 2025. passed by the learned District Judge, Nilgiris District at Udhagamandalam,

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https://www.mhc.tn.gov.in/judis

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CRP No. 5825 of 2025

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The learned counsel for the petitioners would submit that during the pendency of the suit in O.S. No.26 of 2021 on the file of the District Munsif Court, Coonoor, the said Court premises has been shifted temporarily to the complex at Applebe Road, Coonor leased by the Judiciary from the Legal heirs of late Dr. Ravinderkumar, with no ownership or control by the petitioners. However, on the general apprehension of the respondent, the Trial Court allowed the transfer petition transferring the case to District Munsif Court, Udhagamandalam from District Munsif Court, Coonoor, ignoring the procedural delays, and the presiding District Munsiff’s affirmation of impartiality.

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Per contra, the learned counsel for the respondents would submit that the 3^rd petitioner is a practising advocate in Coonoor and the present building in which District Munsif Court, Coonoor is functioning has been let out on rent to the Judicial Department by the relatives of the petitioners and so the respondent is feeling uncomfortable to visit the Court for conducting his suit and he also has apprehension that the petitioners might intervene in the pronouncement of Judgment by the learned District Munsif, Coonoor in the said case and in order to avoid future contradiction about the credibility of the Judgment to be pronounced in the said Court, he filed the aforesaid Transfer application before the Trial Court to transfer the case. The Trial Court after considering the entire

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https://www.mhc.tn.gov.in/judis

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CRP No. 5825 of 2025

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facts and circumstances of the case, rightly allowed the application and transferred the case to the District Munsif Court, Udhagamandalam in the interest of Justice. Hence, this Civil Revision petition is liable to be set aside.

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Heard both sides and perused the materials available on record.

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On perusal of the records, it is seen that the 3^rd petitioner is a practising Advocate in the District Munsif Court, Coonoor and relatives of the petitioners have let out the building to the Judicial Department in which presently the District Munsif Court, Coonoor is functioning. Hence, considering the apprehension of the respondent herein that the petitioners might interfere in the administration of justice by the learned District Munsif, Coonoor, the Trial Court, has rightly transferred the case to the Court of District Munsif Court, Udhagamandalam, which is justifiable and no interference is warranted.

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Having considered the facts and circumstances of the case and submissions made by the learned counsel for both parties, the District Munsif Court, Udhagamandalam is hereby directed to dispose of the main case in O.S. No.26 of 2021 in accordance with law, within a period of four months from the date of receipt of copy of this order.

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https://www.mhc.tn.gov.in/judis

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CRP No. 5825 of 2025

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