Madras High CourtTR CMP/793/2017allowed

Arjunan v. Rajasekaran

2018-03-26Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2018 CORAM :

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P. No.793 of 2017 and C.M.P.No.16137 of 2017 1.Arjunan 2.Palanisamy 3.Selvam 4.A.Kunrarasu 5.Viswanathan 6.Pushparaj (Deceased) 7.Malligairaj 8.Selvaraj 9.Sankaran 10.Baskaran ... Petitioners versus 1.Rajasekaran 2.Jayakumar 3.Thirumoorthy 4.Mohan Kumar 5.Dheenan 6.Selvakumar 7.Balachandar ... Respondents Prayer:- This Petition is filed under Section 24 of C.P.C. praying to withdraw and transfer the suit in O.S.No.343 of 2011 from the file of the learned Principal District Munsif Court at Vellore and tried along with O.S.No.207 of 2006 on the file of the Sub-ordinate Court, Vellore.

For Petitioners : Mr.David Tyagaraj For Respondents : Mr.S.Kingstan Jerold

O R D E R

The petitioners, who were the plaintiffs in O.S.No.343 of 2011 pending on the file of the Principal District Munsif Court, Vellore, have filed this Transfer Civil Miscellaneous Petition seeking to withdraw and transfer the same to the file of the Subordinate Court, Vellore, to be tried along with O.S.No.207 of 2006.

https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel for the petitioners and the learned counsel for the respondents.

3. It is contended by the learned counsel for the petitioners that the parties and properties in both the suits are same and no prejudice would be caused to the respondents, if the suit is transferred.

The learned counsel for the respondents has got no serious objection for the transfer.

4. Recording the statement of the learned counsel for the respondents, the transfer petition is allowed and O.S.No.343 of 2011 pending on the file of the Principal District Munsif Court, Vellore is transferred to the file of the Subordinate Court, Vellore, to be tried along with O.S.No.207 of 2006. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rsi To 1.The Principal District Munsif, Vellore.

2.The Subordinate Judge, Vellore.

+2 cc to Mr.DAVID TYAGARAJ, Advocate, S.R.No. 22622 +1cc to Mr.S.KINGSTON JEROLD, Advocate, S.R.No. 23092 Tr.C.M.P. No.793 of 2017 and C.M.P.No.16137 of 2017 SKS(CO) TR(12/04/2018) https://hcservices.ecourts.gov.in/hcservices/