SUBASH Vs. DEVI PRIYA

JUDGEMENT

(1.) These Transfer Civil Miscellaneous Petitions have been filed to withdraw O.S.Nos.130, 50 and 54 of 2011 pending on the file of the Principal District Court, Namakkal and transfer the same to any other competent Court within or outside Namakkal.

(2.) The issues and the parties involved in all the Transfer Civil Miscellaneous Petitions are one and the same and therefore, they are disposed of by this common order.

(3.) According to the petitioners, this Court directed the Principal District Judge, Namakkal to conduct all the three suits viz., O.S.Nos.130, 50 and 54 of 2011 simultaneously. The contention of the petitioners is that, trial in O.S.No.130 of 2011 filed by them commenced on 05.01.2017 when they filed proof affidavit. The respondents 3 and 4 who are the defendants in the suit filed a memo on 02.01.2018 stating that P.W.1(guardian of petitioners), Attestors, Scribe of the Will dated 25.07.2009 has to be examined on the same day. The said memo was taken on file and the same was ordered. The petitioners took steps to issue witness summons to Varatharaj, one of the Attestors. The process server could not serve the summons as Attestor was not in station. The learned Principal District Judge, Namakkal without giving any opportunity closed plaintiffs' side evidence. The first respondent attained majority and was declared as major. She did not adduce any evidence. Without setting her exparte, evidence on her behalf was closed.