D.Mangilal v. J.Javarilal Parekh

ORDER This Civil Revision Petition has been filed to set aside the order dated

13.10.2025 made in Tr.OP.No.29 of 2025. passed by the learned District Judge, Nilgiris District at Udhagamandalam, Page3 of 6

¶2The learned counsel for the petitioners would submit that during the pendency of the suit in O.S. No.26 of 2021 on the file of the District Munsif Court, Coonoor, the said Court premises has been shifted temporarily to the complex at Applebe Road, Coonor leased by the Judiciary from the Legal heirs of late Dr. Ravinderkumar, with no ownership or control by the petitioners. However, on the general apprehension of the respondent, the Trial Court allowed the transfer petition transferring the case to District Munsif Court, Udhagamandalam from District Munsif Court, Coonoor, ignoring the procedural delays, and the presiding District Munsiff's affirmation of impartiality.

¶3Per contra, the learned counsel for the respondents would submit that the 3rd petitioner is a practising advocate in Coonoor and the present building in which District Munsif Court, Coonoor is functioning has been let out on rent to the Judicial Department by the relatives of the petitioners and so the respondent is feeling uncomfortable to visit the Court for conducting his suit and he also has apprehension that the petitioners might intervene in the pronouncement of Judgment by the learned District Munsif, Coonoor in the said case and in order to avoid future contradiction about the credibility of the Judgment to be pronounced in the said Court, he filed the aforesaid Transfer application before the Trial Court to transfer the case. The Trial Court after considering the entire Page4 of 6 facts and circumstances of the case, rightly allowed the application and transferred the case to the District Munsif Court, Udhagamandalam in the interest of Justice. Hence, this Civil Revision petition is liable to be set aside.

¶4Heard both sides and perused the materials available on record.

¶5On perusal of the records, it is seen that the 3rd petitioner is a practising Advocate in the District Munsif Court, Coonoor and relatives of the petitioners have let out the building to the Judicial Department in which presently the District Munsif Court, Coonoor is functioning. Hence, considering the apprehension of the respondent herein that the petitioners might interfere in the administration of justice by the learned District Munsif, Coonoor, the Trial Court, has rightly transferred the case to the Court of District Munsif Court, Udhagamandalam, which is justifiable and no interference is warranted.

¶6Having considered the facts and circumstances of the case and submissions made by the learned counsel for both parties, the District Munsif Court, Udhagamandalam is hereby directed to dispose of the main case in O.S. No.26 of 2021 in accordance with law, within a period of four months from the date of receipt of copy of this order. Page5 of 6

¶7With the aforesaid directions, this Civil Revision petition is disposed of. No costs. Consequently. Connected miscellaneous petition is closed.

17-03-2026 Index: Yes/No Speaking/Non-speaking order Lbm To To CRPoNo.o5825oofo2025 T.V.THAMILSELVIoJ. Lbm CRPoNo.o5825oofo2025 AND CMPoNo.o28917oofo2025 17-03-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2026 CORAM THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND 1. D.Mangilal Res at Door No.100, Mount Road, Coonoor, 2. D.Tejaraj Res at Door No.100, Mount Road, Coonoor, 3. D.Maveerchand Res at Door No.100, Mount Road, Coonoor, ..Petitioner(s) Vs ..Respondent(s) 1. D.Mangilal Res at Door No.100, Mount Road, Coonoor, 2. D.Tejaraj Res at Door No.100, Mount Road, Coonoor, 3. D.Maveerchand Res at Door No.100, Mount Road, Coonoor, Page2 of 6 ..Appellant(s) Vs ..Respondent(s) To set aside the Order dated 13.10.2025 of the Court of Ld.District Judge, Nilgiris District at udhagamandala made in Tr.OP.No.29 of 2025. To grant stay on the operation of the Impugned transfer Order dated 13.10.2025 passed by the District Judge, Nilgiris District at udhagamandala made in Tr.OP.No.29 of 2025 until the final disposal of the present CRP. For Petitioner(s): Mr.Surya Teja SS Nalla For Respondent(s): Mr.L.Mouli