RAJAM ESTATES (P) LTD Vs. K.M.STALIN

JUDGEMENT

(1.) The present Transfer Civil Miscellaneous Petition has been filed to withdraw and to transfer the O.S.No.77 of 2018 pending on the file of learned Additional District Judge, Hosur to the file of any other District Judge.

(2.) The 1st respondent, who is the plaintiff, has filed a suit in O.S.No.77 of 2018 for specific performance directing the defendants, who are the petitioners and 2nd respondent, to execute the sale deed in favour of the 1st respondent, in pursuance to the Memorandum of Understanding dtd. 5/9/2011 after receiving balance sale price and to pass an Interim Injunction. Pending suit, I.A.No.175 of 2018 was filed seeking ad-interim injunction by the plaintiff / 1st respondent and a counter was also filed by the petitioners / defendants. Subsequently I.A.No.258 of 2018 was filed by the petitioners to pass an order to reject the plaint. However, without any change in the circumstances on account of COVID - 19 and even without deciding the petition, ie., to reject the plaint, the learned Judge before the court below has passed an order granting interim injunction, hence this petition has been filed by the petitioner seeking for transfer of the said case.

(3.) The learned counsel for the petitioners would submit that though the learned counsel for the 1st respondent sought for an adjournment on 19/4/2021 stating that the counsel, who could argue the matter was under quarantine, however, without expressing the reasons, has passed an interim order in favour of the 1st respondent. Apprehending that the petitioners will not get a fair decision in the above matter before the court below, the petitioners have come forward with this petition.