SEBASTIAN Vs. R PRABAKARAN AND ORS

JUDGEMENT

(1.) After invoking the proviso to Section 24 of the Code of Civil Procedure, 1908, the Petitioner as preferred this petition with a prayer to withdraw the appeal in A.S. Nos. 46 and 47 of 2009, from the file of the learned Subordinate Judge, Palani (Camp Court at Kodaikanal) and transfer to any other Subordinate Judge, in Dindigul District for disposal in accordance with law.

(2.) The facts which are leading to file this Transfer Civil Miscellaneous Petition may be summarized as follows:

(3.) Being aggrieved by the judgment and decree passed in the above said suits, the Petitioner had filed two Review Petitions in I.A. Nos. 254 and 256 of 2009 under Section 114 and Order 47 Rule 1 of the Code of Civil Procedure before the learned District Munsif-cum-Judicial Magistrate, Kodaikanal to review the common judgment rendered in the above said suits. Both the applications were heard and dismissed on 22.04.2010 on the ground of maintainability and also on the ground of pendency of appeal in A.S. Nos. 46 and 47 of 2009 on the file of the learned Subordinate Judge, Palani against the judgment and decree in O.S. Nos. 185 of 1999 and 98 of 2004.