K.Gopal v. K.Ravi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and C.M.P.No.7866 of 2024 K.Gopal .. Petitioner Vs.

1.K.Ravi 2.G.Palani 3.The Sub Registrar, Sub Registrar Office, Achirapakkam, Kanchipuram District 4.The District Collector of Kanchipuram, Kanchipuram 5.The Tahsildar, Cheyyur Taluk Office, Cheyyur Taluk, Kanchipuram District .. Respondents Page No 1 of 4

Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, to withdraw the suit in O.S.No.6 of 2018 on the file of the Court of the learned Principal Subordinate Judge, Madurantagam and transfer the same to the file of the Court of the Principal District Judge, Chengalpattu filed by the petitioner against the respondents herein and hear the same along with the suit in O.S.No.150 of 2016 on the file of the Court of the learned Principal District Judge, Chengalpattu filed by the 2nd respondent against the petitioner and the respondents herein. For Petitioner : Mr.R.Agilesh

ORDER

One is a suit for specific performance of an agreement of sale dated 18.11.2015. The other suit is for declaration and injunction. There are no issues in common between the suits in O.S.No.150 of 2016 on the file of the learned Principal District Judge at Chengalpattu and O.S.No.6 of 2018 on the file of the Principal Subordinate Judge at Maduranthagam.

2. Mr.R.Agilesh appearing for the petitioner would argue that the parties are the same and the suit properties also overlap. Apart from the fact that there is a commonality in the parties and properties, I do not find any issue that has to be decided in one suit could have an effect of baring the Page No 2 of 4

Court dealing with the other. As a scope of both the suits itself are different, I find no necessity to transfer one suit to be tried along with the other suit.

3. Hence, the Transfer Civil Miscellaneous Petition stands dismissed. No costs. Consequently, connected Civil Miscellaneous Petition is closed. 04.04.2024 mkn2 Index:Yes/No Speaking Order :Yes/No To 1.The Principal District Judge, Chengalpattu 2.The Principal Subordinate Judge, Madurantagam Page No 3 of 4

V. LAKSHMINARAYANAN, J.

mkn2 and C.M.P.No.7866 of 2024 04.04.2024 Page No 4 of 4