Padmavathi Ammal Charitable Trust, v. S.Rm.M.Ct.M.Thirupani Trust

CMP No.10189 of 2024 in W.A.No.1910 of 2012 CMP No.10199 of 2024 in CMP No.10202 of 2024 in W.A.No.1061 of 2012 D.KRISHNAKUMAR, J.

AND K. KUMARESH BABU, J.

These petitions have been filed to modify the common order passed by this Court, dated 26.09.2023 in W.A.Nos.1061, 1910 of 2012 and CRP No.4166 of 2012.

2. The learned counsel for the petitioners submitted that, this Court, while disposing the above matters, has directed to transfer O.S.Nos.211 of 1998 and 411 of 2003 from the District Munsif Court, Alandur and the Subordinate Court, Alandur to be tried along with LAOP No.7 of 2012 before the Sub Court, Tambaram in order to avoid inconsistent orders as well as multiplicity of proceedings. He further submitted that, now, as per the proceedings of the learned Principal District Judge, Kancheepuram in D.No.7105, dated 22.12.2020, the entire case records relating to LAOP No.7 of 2012, pending before the Subordinate Judge, Tambaram was transferred

to the Sub Court Alandur on 27.04.2021 and it was renumbered as LAOP No.1905 of 2021. Hence, to that effect, the operative portion of the above said common judgment, dated 26.09.2023 has to be modified.

3. The learned counsel for the respondents have no objection to allow the petitions.

4. Considering the submission made by the learned counsel appearing on both side, we inclined to allow the petitions.

5. Accordingly, in the common judgment, dated 26.09.2023 passed in W.A.Nos.1910 and 1061 of 2012 and CRP No.4166 of 2012, at paragraph No.9, the following modifications are made.

(i) LAOP No.7 of 2012 is modified as LAOP No.1905 of 2021"

(ii) The order for transfer, to which court matters to be transferred, as well as the direction given to the Subordinate Judge Tambaram is modified as " Subordinate Judge, Alandur".

6. The Registry is directed to make necessary corrections in the order copy and to give a fresh amended copy to the parties.

(D.K.K.J.) (K.B.J.) 28.06.2024 mst

D.KRISHNAKUMAR, J.

AND K.KUMARESH BABU mst CMP No.10189 of 2024 in W.A.No.1910 of 2012, CMP No.10199 of 2024 in CRP No.4166 of 2012 and CMP No.10202 of 2024 in W.A.No.1061 of 2012 28.06.2024