← Library
Madras High CourtTR CMP/133/2021allowed

Ravi v. Bangaruammal

2021-07-15Honourable Mr Justice S.S. Sundar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR Tr.C.M.P. Nos.133, 138 and 146 of 2021 and C.M.P. Nos.4178, 4215 and 4363 of 2021 Ravi .. Petitioner in all Tr.C.M.Ps Vs 1.Bangaruamma 2.Rani 3.Vanaja 4.Vimala 5.Baby .. Respondent in Tr.C.M.P.No.133 of 2021 1.Thanamammal 2.Rani 3.Vanaja 4.Vimala 5.Baby .. Respondent in Tr.C.M.P.No.138 of 2021 1.Govindammal 2.Rani 3.Vanaja 4.Vimala 5.Baby .. Respondent in Tr.C.M.P.No.146 of 2021 COMMON PRAYER : Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the suit in O.S. Nos.64, 62 and 60 of 2021 respectively from the file of the Subordinate Judge, Viruthachalam, Cuddalore District and to transfer the same to the file of the Principal District Court, Villupuram.

For Petitioner : Mr.M.Muruganantham in all Tr.C.M.Ps For Respondent : Mr.T.Sezhian in all Tr.C.M.Ps for R1 No Appearance for R2 to R5 in all Tr.C.M.Ps https://hcservices.ecourts.gov.in/hcservices/

C O M M O N O R D E R These petitions have been filed to withdraw the suits in O.S. Nos.60, 62 and 64 of 2021 respectively from the file of the Subordinate Judge, Viruthachalam, Cuddalore District and to transfer the same to the file of the Principal District Court, Villupuram.

2.It is the specific case of the petitioner that the claim of the plaintiffs in all the three suits is based on earlier partition dated 27.10.1949. Plaint in all the suits refers to the partition dated 27.10.1949. It is stated that the connected suits are already pending before the Principal District Court, Villupuram. The learned counsel for the petitioner referred to the order passed in a batch of transfer petitions, where all the connected suits had already been withdrawn from other Courts and transferred to the Principal District Court, Villupuram. 3.Having regard to the facts and circumstances of the case, this Court is inclined to pass the following order: The above Transfer Civil Miscellaneous Petitions are allowed. The three suits filed in O.S.Nos.

60, 62 and 64 of 2021 respectively on the file of the Subordinate Judge, Viruthachalam, Cuddalore District are hereby withdrawn and transferred to the file of the Principal District Court, Villupuram, to be tried and disposed of along with O.S. Nos.95, 96 and 97 of 2020 and other cases. No Costs. Consequently, connected miscellaneous petitions are closed.

1. The Subordinate Judge, Viruthachalam, Cuddalore District.

2. The Principal District Court, Villupuram.

+3cc to M/s.R.Meenal, Advocate, S.R.No.33575, 33576, 33577 +1cc to Mr.M.Muruganantham, Advocate, S.R.No.33484 Tr.C.M.P. Nos.133, 138 and 146 of 2021 and C.M.P. Nos.4178, 4215 and 4363 of 2021 SR-II(CO) CB(11/08/2021) https://hcservices.ecourts.gov.in/hcservices/