Arokkiyaraj … vs Arokkiyaraj
2024 Latest Caselaw 18329 Mad

Madras High Court

Arokkiyaraj … vs Arokkiyaraj on 13 September, 2024

                                                                                    Tr.CMP No.450 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED :    13.09.2024

                                                         CORAM :

                                  THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

                                                 TR.CMP No.450 of 2024
                                                and CMP No.9280 of 2024


              Arokkiyaraj                                                   ….     Petitioner

                                                          -Vs-

              1.Arokkiyaraj
              2.Jerry Anand
              3.Minor Joy Wilson
                rep.by Guardian Mother
               Arockiasundari                                               ….     Respondents

              Prayer : Transfer Civil Miscellaneous Petition under Section 24 of C.P.C., to withdraw
              the Execution Petition in E.P.No.53 of 2023 in O.S.No.10 of 2011 on the file of the
              Principal District and Sessions Judge's Court, Ariyalur and transfer the same to the
              Principal District and Sessions Court, Cuddalore.

                                   For Petitioner    : Mr.T.Sivagnanasambandan
                                   For Respondent    : Mr.T.Devaraj - for R1
                                                       R2 and R3 - No appearance

                                                         ORDER

This Transfer Petition is yet another attempt by an unsuccessful judgment

debtor to ensure that the proceedings in execution of the decree are not proceeded

with.

2. The petitioner is the defendant in O.S.No.10 of 2011 on the file of the

Principal District Judge at Perambalur. Subsequently, the suit stood transferred to the

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

file of the Principal District Judge at Ariyalur and the suit was decreed on 28.09.2012.

An appeal before this Court in A.S.No.194 of 2013 was also unsuccessful. It was

dismissed on 18.03.2021. Subsequently, the respondent / decree holder has

presented E.P.No.20 of 2021 for execution of the sale deed. It also transpires that the

sale deed has been executed. Subsequently he has initiated an execution petition for

delivery of possession in E.P.No.53 of 2023. The judgment debtor wants this

proceedings to be transferred out of the Court in Ariyalur to the Court of Principal

District and Sessions Judge at Cuddalore.

3. I have gone through the affidavit in the petition. There is absolutely no

reason why the proceedings should be transferred out of Ariyalur. There is no

allegation made against the judicial officer nor is any inconvenience pleaded by the

judgment debtor. The affidavit is bereft of any reasons.

4. Hence, I do not find any reasons to entertain the transfer petition. The

Tr.C.M.P. is dismissed. No costs. Consequently, connected miscellaneous petition is

closed.

13.09.2024

Index : Yes/No Neutral Citation : Yes/No KST

To

The Principal District and Sessions Judge, Ariyalur.

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

V. LAKSHMINARAYANAN, J.

KST

13.09.2024

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