D.Rajan v. Nilesh Kumar Bhandari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.06.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Tr. C.M.P. No.223 of 2019 and C.M.P. No.6715 of 2019 D.Rajan ... Petitioner -vs1.Nilesh Kumar Bhandari 2.M.Shanmugam ... Respondents Prayer: Petition filed under Section 24 of C.P.C to withdraw the case in O.S. No.148 of 2017 on the file of District Munsif Court, Thiruvotriyur, Chennai-19 and transfer the same to this Court for the purpose of having joint Trial along with C.S. No.124 of 2018.

For Petitioner : No Appearance For Respondents : Mr.R.Ganesh for R1 R2-Not ready in notice

O R D E R

The Transfer C.M.P. has been filed to transfer the O.S. No.148 of 2017 pending on the file of the District Munsif Court, Thiruvotriyur, Chennai-19 to this Court for the purpose of having joint Trial along with C.S. No.124 of 2018. 2.There is no representation for the petitioner. Learned counsel appearing for the respondent would submit that C.S. No.124 of 2018, which has been re-numbered as O.S. No.2527 of 2019, is pending on the file of the XVI Additional Fast Track Court, Chennai. Since the pleadings are completed in the said O.S. No.2527 of 2019, the same is ready for argument. But the pleadings in O.S. No.148 of 2017 pending on the file of the learned District Munsif, Thiruvottiyur are not completed and the written statement has been filed in the same and therefore, the prayer of the petitioner be refused.

3.Since the pleadings are not completed in O.S. No.148 of 2017, the prayer seeking transfer cannot be granted. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, the Tr. C.M.P. is dismissed. No costs. Consequently, C.M.P. No.6715 of 2019 is also dismissed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vga To 1.The District Munsif Court, Thiruvotriyur, Chennai-19.

2.The XVI Additional Fast Track Court, Chennai.

+1cc to Mr.D.Gopinathan, Advocate, S.R.No.53908 +1cc to Mr.R.Ganesh, Advocate, S.R.No.53213 Tr. C.M.P. No.223 of 2019 and C.M.P. No.6715 of 2019 SS(CO) RRS(01/08/2019) RRS(27/08/2019) https://hcservices.ecourts.gov.in/hcservices/