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Judgment
This Civil Revision Petition is filed seeking a direction to the learned Principal District Judge, Madurai to dispose of the Transfer Petition in
Tr.O.P.No.59 of 2016, within a stipulated time limit.
According to the petitioner, he is the erstwhile Secretary of the first respondent society, rendering service since 1980 and the second respondent
is the Secretary of the first respondent society since 2012 and the third respondent is the Medical Superintendent of the first respondent society
since 1999. According to him, the first respondent society is a registered society, founded by one Dr.Samuel Amirtham in the year 1978, with an
object to serve the public in medical and educational fields. The said Dr.Samuel Amirtham had started a hospital, in the name and style of ""Grace
Kennett Foundation Hospital"", functioning under the provisions of the bye laws and there are 17 members at present in the first respondent society.
The case of the petitioner is that on 03.09.2014, in view of the mismanagement in the first respondent, he has filed a suit in O.S.No.530 of
2014, before the learned Additional District Munsif, Madurai, against respondents 1 to 3 seeking the relief of declaration and injunction, as they
have issued election notices illegally and conducted elections and attempted to convene Annual General Body Meeting and refused to show the
account books of the first respondent society. The respondents 4 to 6 have also filed a suit in O.S.No.329 of 2015, against the respondents 1 to 3
and 7 to 9, before the Principal District Munsif Court, Madurai, seeking a relief of declaration and injunction, as the defendants therein removed
the respondents 4 to 6 from membership, arbitrarily and passed resolutions in unlawful manner.
The learned Counsel for the petitioner would submit that the petitioner has filed a transfer petition in Tr.O.P.No.59 of 2016, with a prayer to
withdraw the suit in O.S.No.530 of 2011 from the file of the learned Additional District Munsif, Madurai Town and transfer the same to the file of
the learned Principal District Munsif, Madurai Town, to try along with the suit in O.S.No.329 of 2015, since both the suits are with regard to the
mismanagement in the first respondent society and adjudication of both the suits in single Court would prevent different decisions on same issue.
The learned Counsel for the petitioner would further submit that on 19.12.2016, he has filed a memo before the learned Additional District
Munsif, Madurai, stating the pendency of the transfer petition and the respondents 1 to 3 are aware of the transfer proceedings. The respondents 4
to 6 have appeared before the learned Principal District Judge, Madurai, on 31.01.2017 and 17.04.2017, through their Counsel and had filed a
memo, stating no objection in transferring the suit.
Despite, both the petitioner and respondents 4 to 6 have shown their willingness to transfer the suit proceedings, the respondents 1 to 3 & 7 to
9 are dragging on the proceedings unnecessarily and aggrieved over the same, the petitioner is before this Court, for speedy disposal of the transfer
proceedings in Tr.O.P.No.59 of 2016.
Heard the learned Counsel appearing for the petitioner and perused the documents placed on record. Notice to the respondents is dispensed
with, since the prayer itself is for a limited scope for early disposal of the transfer proceedings.
Considering the facts and circumstances of the case, this Court, without going into the merits, directs the learned Principal District Judge,
Madurai to dispose of the Transfer Petition in Tr.O.P.No.59 of 2016, within a period of two months from the date of receipt of a copy of this
order.
With the above direction, this civil revision petition is disposed of. No costs.