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Judgment
D. Hariparanthaman, J.—This Tr.C.M.P. is filed by the petitioner to withdraw O.S. No. 162 of 2009, on the file of the District Munsif Court, Kodaikanal and transfer to any competent Court outside Dindigul District preferably in Madurai District.
The respondents 1 to 5 and the sixth respondent filed O.S. No. 162 of 2009, before the District Munsif Court, Kodaikanal praying for permanent injunction restraining the petitioner herein from interfering with their peaceful possession and enjoyment of suit properties. The respondents 1 to 5 herein are minors and they are represented by their father and the natural guardian, who happens to be the Municipal Chairman of Kodaikanal Municipality.
The only reason urged by the learned Counsel for the petitioner for seeking transfer of case from Kodaikanal to any other Court outside Dindigul district is stated in paragraph 11 of the affidavit filed in support of this transfer petition. Paragraph 11 of the affidavit is extracted herein:
That the Respondents No. 1 to 5 are the children of the Chairman of Kodaikanal Municipality and they are represented by him and sixth Respondent is his wife. He is exercising his undue influence in suit. Therefore if the suit is proceeded in Kodiakanal I would be prejudiced and it will cause irreparable loss. Therefore it is just and necessary to transfer the case outside Dindigul District preferably Madurai District.
Just because the respondent happens to be the Municipal Chairman, the petitioner could not seek transfer from Kodaikanal.
I do not find any merit in this petition. Hence this Tr.C.M.P. is dismissed. Consequently, the connected Miscellaneous Petition is dismissed. No costs.