LAKSHMANAN Vs. RAMAN

JUDGEMENT

(1.) THIS transfer Civil Miscellaneous Petition is filed withdraw and transfer the partition Suit pending in O.S.No.186 of 2010 on the file of the District Munsif, Aranthangi, Pudukkottai District to the file of the District Munsif Court, Pudukkottai.

(2.) THE Petitioner herein filed a Suit against the Respondent for a decree of partition for the Suit scheduled properties. The Respondents 1 & 2 are the brothers of the Petitioner and the Third Respondent is the mother. It has been averred in the Affidavit that the Respondents did not respond to the Suit summons. Hence, they were set ex parte in the Suit. But while taking ex parte evidence, the Trial Court has directed the Petitioner to implead his sisters as they are necessary parties. Hence, the Petitioner has filed an Interlocutory Application to implead his sisters as Defendants in the Suit. The said Application is pending before the District Munsif Court Aranthangi since June 2010. Since there is no Presiding Officer, he has come forward with the present Application to transfer the partition Suit pending in O.S.No.186 of 2010 on the file of the District Munsif, Pudukkottai stating that he is running risk of losing his share of income if the interim order has not been passed at the earliest. Further, it has been averred that he is totally depending upon the income from agricultural land and he has no other source of income to sustain his family. It is the further contention of the Petitioner that he is in dire straits for the past two years, although, he has a definite share in the joint family properties. Thus, he prayed for the transfer of the partition Suit pending in O.S.No.186 of 2010 on the file of the District Munsif, Aranthangi, Pudukkottai District to the file of the District Munsif Court, Pudukkottai on the ground that the Suit is pending from June 2010 and for want of Presiding Officer.

(3.) I am of the opinion, since the Suit is pending for want of Presiding Officer more than 1 � 1/2 years and further, the Third Respondent, the mother of the Petitioner is a senior citizen aged about 65 years, considering the submission made by the learned Counsel for the petitioner, this transfer Petition could be allowed. Accordingly, the Transfer Petition is allowed. The O.S.No.186 of 2010 is transferred from the file of the District Munsif Court, Aranthangi to the file of the District Munsif Court, Pudukkottai and the District Munsif Court, Pudukkottai is directed to take up the Suit and dispose of the same as early as possible. No costs. Consequently, connected Miscellaneous Petition is closed.