Madras High CourtTR CMP/219/2017allowed

K.M.Kannan v. K.Lavanya

2017-11-09Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2017 CORAM :

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.219 of 2017 and C.M.P.No.3984 of 2017 K.M. Kannan ...

Petitioner vs.

K. Lavanya ...

Respondent Prayer: The petition has been filed under Section 24 of C.P.C. praying to withdraw the O.S.No.932 of 2016 on the file of the First Additional District Munsif Court, Coimbatore and to transfer the same to the learned Second Additional District Court, Erode to try along with O.S.No.197 of 2016. For Petitioner :

Mr.N.Manokaran For Respondent :

Mr.G.Pugazhenthi

O R D E R

The petitioner/husband herein has filed a suit in O.S.No.168 of 2016 on the file of I Additional District Court, Erode for partition. The respondent/wife herein has filed O.S.No.932 of 2016 on the file of I Additional Munsif Court, Coimbatore for permanent injunction. There is yet another suit in O.S.No.197 of 2016 filed by the sister of the petitioner on the file of II Additional District Court, Erode for partition and permanent injunction against the defendants including the petitioner and respondent herein. Now the petitioner is seeking transfer of O.S.No.932 of 2016 from I Additional District Munsif Court, Coimbatore to II Additional District Court, Erode, to be tried along with O.S.No.197 of 2016.

2. As already two suits are pending in District Court, Erode, the learned counsel appearing for the respondent has got no serious objection for transferring the above suit also to Erode.

3. Accordingly, considering the convenience of the parties and the properties involved being substantially the same, O.S.No.932 of 2016 on the file of I Additional District Munsif, Coimbatore is withdrawn and transferred to II Additional https://hcservices.ecourts.gov.in/hcservices/

District Court, Erode to be tried along with O.S.No.197 of 2016 which is already pending. No Costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar rsi To

1. The I Additional District Munsif Judge, Coimbatore.

2. The II Additional District Judge, Erode.

+ 1 cc to Mr.N.Manokaran, Advocate,SR.79635 + 1 cc to Mr.G.Pugazhenthi Advocate,SR.79449 Tr.C.M.P.No.219 of 2017 and C.M.P.No.3984 of 2017 NR 05/12/2017 https://hcservices.ecourts.gov.in/hcservices/