S V CHITRA DEVI Vs. K N MUTHUSAMY

JUDGEMENT

(1.) THE petitioner/defendant has filed this Transfer Civil Miscellaneous Petition, praying for issuance of an order by this Court to withdraw the suit in O.S.No.67 of 2008, pending on the file of Principal District Judge, Erode and to transfer the same to any other appropriate Court outside the Erode District.

(2.) THE petitioner herein is the defendant in the main case O.S.No.67 of 2008 pending on the file of Principal District Judge, Erode. THE respondent/plaintiff is the agreement holder, who has filed the suit for specific performance against the petitioner/defendant. Admittedly, the main suit is pending. Further, it is also brought to the notice of this Court that the petitioner/defendant has filed an Interlocutory Application No.636 of 2008, praying for police protection and the same is pending before the trial court.

(3.) IN the counter filed by the respondent/plaintiff, it is inter alia mentioned that the petitioner/defendant has entered into a registered sale agreement with him on 11.12.2007 for the sale of the suit property etc. and that the petitioner/defendant is acting in conclusion with one Sampath and created a false, fabricated and anti- dated agreement etc. and that the said Sampath has filed INterlocutory Application No.635 of 2008 to implead him as a party to the suit and that has been dismissed by the trial court and that there is no merit in the Transfer Civil Miscellaneous Petition and for the last five hearings, the petitioner/defendant has not attended the case and that the plaintiff is to be cross examined and at this stage, the application filed by the petitioner/defendant praying for transfer is liable to be dismissed in limini.