T.M.Thiyagarajan v. David Paul

ORDER The petitioner/defendant has come up with the present transfer application seeking transfer of the suit filed for specific performance in OS.No.198 of 2022, pending on the file of the Principal District Court, Vellore, to the file of the City Civil Court, Chennai. Page2 of 4

¶2On going through the papers and after carefully considering the arguments advanced on either side, I am able to see that the only grievance of the petitioner is that whenever he goes over to attend the proceedings in Vellore, there is invariably an advocate boycott and that considering the age of the petitioner, he is unable to travel all the way to attend the suit proceedings in Vellore. However, I am unable to accept this as a sufficient reason to invoke the extraordinary jurisdiction of this Court under section 24 of Code of Civil Procedure,

¶3Mr.A.Arun Anbumani, learned counsel for the respondent/plaintiff, would also bring to my notice that the suit is at an advance part-heard stage, and that PW1 has already been examined-in-chief and suitable directions may be given for the expeditious disposal of the suit, as the same would be in the best interests of both parties.

¶4Considering the above, while dismissing the Transfer Civil Miscellaneous Petition, I am inclined to issue the following directions to the Honourable Principal District Judge, Vellore:-

(i) PW1 who has already been examined in chief and partly cross-examined, his cross examination shall be completed on or before

31.07.2026

(ii) If there is any additional evidence on the side of the Page3 of 4 respondent/plaintiff, the same shall be concluded within a period of thirty (30) days thereafter.

(iii) Subject to any further additional evidence on the side of the plaintiff, the defendant's evidence shall be commenced and be concluded within a period of four weeks, thereafter.

(iv) The suit shall be disposed of in any event on or before 30.11.2026.

¶5With the above directions, this Transfer Civil Miscellaneous Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 15-07-2026 Index: Yes/No Speaking/Non-speaking order MPA To

¶1The Principal District Judge, Vellore.

¶2The Section Officer, VR Section, High Court, Madras. Page4 of 4

P.B.BALAJI, J. MPA and CMP.No.19789 of 2025 15-07-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI and CMP.No.19789 of 2025 T.M.Thiyagarajan S/o.D.T.Moorthy, 23(13), Cistoms Colony, Saidapet, Chennai - 600 015. ..Petitioner Vs David Paul S/o.N.J.Paul, No.4 Grace Cottage, 5th, B Cross, 5th Cross Cottage, H.T.Line Road, SIR MV Nagar, Ramamoorthy Nagar, Bangaluru. ..Respondent Prayer: This Petition has been filed under section 24 of CPC., praying to withdraw the proceedings in OS.No.198 of 2022, pending before the Honble Principal District Judge, at Vellore and transfer the same to the file of the Honble City Civil Court, Chennai. For Petitioner: Mr.Leelesh Sundaram for Nathan And Associates For Respondent: Mr.A.Arun Anbumani