Madras High CourtTR CMP/369/2014disposed of

T.S.Varadammal v. N.Nagaraj

2015-09-08Honourable Mr Justice D. Hariparanthaman3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2015

CORAM

THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN TR.C.M.P.Nos.369 and 370 of 2014 1.T.S.Varadammal 2.K.S.Jaganathan

...Petitioners in Tr.C.M.P.No.369/2014

K.S.Jaganathan

...Petitioner in Tr.C.M.P.370/2014

Vs.

1. N.Nagaraj

2. The District Revenue Officer, Dharmapuri.

3. The Superintending Engineer, Tamil Nadu Electricity Board, Dharmapuri.

4. The Assistant Executive Engineer, Tamilnadu Electricity Board, Lakkiampatti.

5. The Assistant Executive Engineer, Tamil Nadu Electricity Board, Adhiyamankottai, Dharmapuri.

6. The District Collector, Dharmapuri.

...Respondents in Tr.C.M.P.No.369/2014

1.N.Nagaraj 2.D.G.Sidhan 3.Raji 4.Mani 5.Narayanan 6.Parasuraman 7.Lakshmi

...Respondents in Tr.C.M.P.No.370/2014

Transfer Civil Miscellaneous Petitions filed under Section 24 of Civil Procedure Code praying to withdraw the suit in O.S.Nos.138 of 2008 and 71 of 2010 on the file of the Additional District

Court, Dharmapuri and transfer the same to the file of the Principal District Court, Salem.

For Petitioners :

Mr.B.Vijayakumar For Respondents :

Mr.C.Munusamy for R1 Mr.V.R.Anna Gandhi for R4 & R5 No Appearance for R2, R3 & R6 COMMON ORDER These applications are filed seeking to withdraw the suit in O.S.Nos.138 of 2008 and 71 of 2010 on the file of the Additional District Court, Dharmapuri and transfer the same to the file of the Principal District Court, Salem.

2. The learned counsel appearing for the petitioners submitted that since the parties in both the suits are one and the same and the suit properties are also one and the same, they have come forward to file this petition praying to withdraw the suit in O.S.Nos.138 of 2008 and 71 of 2010 on the file of the Additional District Court, Dharmapuri and transfer the same to the file of the Principal District Court, Salem. He further submits that the matters are at the stage of argument.

3. Heard both sides.

4. Considering the facts and circumstances of this case and also considering the fact that the matters are at the stage of argument, I am not inclined to issue a direction to transfer the cases as sought for. But taking note of the fact that the suits are of the year 2008 and 2010, a direction is issued to the trial Court to dispose of the suits within a period of two months from the date of receipt of a copy of this order, as the cases are posted for arguments.

5. With the above direction, this Transfer Civil Miscellaneous Petitions are disposed of. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

vsm To The Additional District Court, Dharmapuri.

2 CCs to Mr.B.Vijayakumar, Advocate SR.No. 49071 & 49070 1 CC to Mr.V.R.Anna Gandhi, Advocate SR.No. 48630 TR.C.M.P.Nos.369 and 370 of 2014 KGK (CO) PSI (01.10.2015)