PUNITHAVATHI Vs. N.A.A. SULTHAN EBRAHIM

JUDGEMENT

(1.) THE short facts of the case are as follows:- The petitioner herein has filed original suit in O.S.No.8 of 2009, on the file of Sub Court, Palani, Camp at Kodaikanal against the respondent herein to pass an usual preliminary mortgaging decree as against the defendant regarding the suit property, directing the defendant to pay the suit amount of Rs.2,71,667.00 along with future interest at the rate of Rs.1.00 per Rs.100.00 per month for the principal amount from the date of the plaint till its realization within the time to be fixed by the trial Court and other reliefs. In the said suit the defendant had entered an appearance and has filed a written statement on 05.03.2010.

(2.) THE learned counsel for the petitioner submits that the suit is pending from the month of January 2009. The learned judge merely adjourned the case from time to time for around 50 times without assigning any reasons, the said suit was posted for trial on 01.10.2010, on that day the petitioner had filed proof of affidavit subsequently the case was posted for cross-examination of plaintiff from 01.10.2010 till today, there is no progress in the said suit. The plaintiff has to travel from Karur to Kodaikanal, as such, the petitioner is put into severe difficulty-physically, financially and mentally. Therefore, the learned counsel entreats the Court to transfer the suit to Sub Court, Karur, or any other competent Court at Karur District.

(3.) IN the result, the petition is dismissed. Consequently, connected miscellaneous petition is closed. Accordingly ordered.