S.Dakshinamurthy v. E.Janaki

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :25.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Tr.C.M.P.No.429 of 2021 1.S. Dakshinamurthy 2.D. Vasanthi ... Petitioners -vs1.E. Janaki 2.E. Balaji 3.M. Elumalai 4.The District Collector, Thiruvallur District, Office of the District Collectorate, Thiruvallur.

5.The Corporation of Greater Chennai Represented by its Commissioner Rippon Buildings, Park Town, Chennai - 600 003. 6.The State Highways Department, Represented by its Divisional Engineer, Thiruvallur .. Respondents PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the suit viz., OS.No.16 of 2020 now pending on the file of the District Munsif-cum-Judicial Magistrate Court, Madhavaram and to be heard and jointly tried along with OS.No.52 of 2020 now pending and transfer to the file of the Additional District Judge, Ponneri. For Petitioners : Mr.K.Bijai Sundar For Respondents : Mr.P.V.Muralidhar for R1 to R3 Mr.Edwin Prabakar for R4 & R6 Mrs.Karthikaa Ashok for R5 Government Advocate

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the suit viz., O.S.No.16 of 2020 now pending on the file of the District Munsif-cum-Judicial Magistrate Court, Madhavaram and to be heard and jointly tried along with OS.No.52 of 2020 now pending and transfer to the file of the Additional District Judge, Ponneri.

2.The respondents 1 and 2 herein through their father and power of attorney agent, 3rd respondent herein had filed OS.No.93 of 2014 before the District Munif, Thiruvathiyur, for a declaration of their alleged title to the property bearing S.No.924/3, T.S.No.35/2, Block No.28, Ward No.C, Madhavaram Red Hills High Road, Madhavaram Village and Taluk, Thiruvallur District. The said suit has been subsequently transferred on the file of the District Munsif cum Judicial Magistrate Court, Madhavaram and re-numbered as OS.No.16 of 2020. 3.The learned counsel for the petitioners has submitted that the petitioners had filed OS.No.52 of 2020 on the file of the District Court, Thiruvallur against all the respondents for various reliefs.

He further submitted that the respondents 4 to 6 herein have been made only as formal parties in the said suit for proper and effective adjudication. He further submitted that since the parties in both the suits are one and the same it has become just and necessary for a joint trial to avoid conflicting judgments and delay in proceedings. Therefore, he seeks that the case in OS.No.16 of 2020 to be heard and jointly tried along with OS.No.52 of 2020 now pending and transfer to the file of the Additional District Judge, Ponneri. 4.The learned counsel appearing for the respondents 1 to 3 has no objection for allowing this petition.

5.Heard the learned counsel on either side and perused the materials available on record.

6.This Court is satisfied with the reasons stated in the affidavit filed in support of this petition. Further, since two cases are pending from two different Courts, to avoid multiplicity of proceedings and conflicting judgments, both the cases have to be tried before a Single Judge.

7. Considering the facts and circumstances of the case and considering the submission made by the learned counsel on either side, OS.No.16 of 2020 is withdrawn from the file of the District Munsif-cum-Judicial Magistrate Court, Madhavaram and transferred to the file of the Additional District Judge,

Ponneri, to be heard and jointly tried along with OS.No.52 of 2020 for disposal as per law. The learned District Munsif-cumJudicial Magistrate Court, Madhavaram, is directed to transmit the papers to the Additional District Judge, Ponneri, forthwith. The learned Additional District Judge, Ponneri, is directed to dispose OS.No.16 of 2020 along with OS.No.52 of 2020 on merits and in accordance with law as expeditiously as possible.

8. In fine, this petition is allowed. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gv To:

1. The District Munsif-cum-Judicial Magistrate Court, Madhavaram.

2. The Additional District Judge, Ponneri.

+1cc to M/s.K.Bijai Sundar, Advocate, S.R.No.42568 +1cc to M/s.Karthikaa Ashok, Advocate, S.R.No.43281 Tr.C.M.P.No.429 of 2021 AD(CO) SU(17/09/2021)