R.Dhanasekar v. P.Vilasini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2021

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM Tr.C.M.P.Nos.443, 444, 445 & 447 of 2019 And C.M.P.Nos.12581, 12583, 12587 & 12588 of 2019 TR.CMP.Nos.443, 444 & 445 of 2019 B.Dhanasekar ..

Petitioner /Defendant in all TR.CMPs vs.

P.Vilasini .. Respondent/Plaintiff in all TR.CMPs PRAYER in TR.CMP.No.443 of 2019 : The Tr.CMP is filed under Section 24 of Civil Procedure Code, to withdraw the above suit in O.S.No.4 of 2018 on the file of the Hon'ble IV Additional District Judge at Ponneri along with the other cases and transfer before any Additional City Civil Judge for joint trial. PRAYER in TR.CMP.No.444 of 2019 : The Tr.CMP is filed under Section 24 of Civil Procedure Code, to withdraw the above suit in O.S.No.2 of 2018 on the file of the Hon'ble Sub Judge at Ponneri along with the other cases and transfer before any Additional City Civil Judge for joint trial.

PRAYER in TR.CMP.No.445 of 2019 : The Tr.CMP is filed under Section 24 of Civil Procedure Code, to withdraw the above suit in O.S.No.9 of 2018 on the file of the Hon'ble Sub Judge at Ponneri along with the other cases and transfer before any Additional City Civil Judge for joint trial.

TR.CMP.No.447 of 2019:

D.Hazarathaiah ..

Petitioner/Petitioner vs.

1.C.J.Sivashankar 2.P.Vilashini 3.Yerram Rama Krishna Naidu 4.Balaji .. Respondents/Defendants PRAYER in TR.CMP.No.447 of 2019 : The Tr.CMP is filed under Section 24 of Civil Procedure Code, to withdraw the above suit

in O.S.No.6246 of 2017 on the file of the II Assistant City Civil Court at Chennai along with the other cases and transfer before any Additional City Civil Judge for joint trial. For Petitioner : Mr.R.Anand Kumar [in all 4 TR.CMPs] For Respondents : Mr.S.Kaithamalaikumaran [in all 4 TR.CMPs] COMMON ORDER The parties to the Transfer Petitions are parties in the four Civil Suits.

2. The learned counsel for the petitioner states that four Civil Suits are instituted. Two suits in O.S.No.2 of 2018 and O.S.No.9 of 2018 are now pending before the Sub Court at Ponneri and O.S.No.4 of 2018 is pending before the IV Additional District Judge at Ponneri. Only one suit in O.S.No.6246 of 2017 alone is now pending before the II Assistant City Civil Court, Chennai.

3. In view of the fact that the parties to the suit are one and the same, and various suits are filed based on the different cause of action, it would be preferable to try all the suits in order to maintain consistency in dealing with the litigation.

4. The respective learned counsels for the petitioner and the respondents have no serious objections for transferring all the cases to Sub Court, Ponneri.

5. Accordingly, all these Transfer Civil Miscellaneous Petitions stand allowed and O.S.No.6246 of 2017 pending on the file of the II Assistant City Civil Court, Chennai and O.S.No.4 of 2018 pending on the file of the IV Additional District Judge at Ponneri are directed to be transferred to Sub Court at Ponneri, to be tried along with the Suits in O.S.No.2 of 2018 and O.S.No.9 of 2018. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Kak

To

1. The Judge, The II Assistant City Civil Court, Chennai.

2. The Judge, The IV Additional District Judge, Ponneri.

3. The Sub Judge, Ponneri.

+1cc to Mr.R.Anand Kumar, Advocate, S.R.No.2209 Tr.CMP Nos.443, 444, 445 & 447 of 2019 VSN II(CO) GN(11/02/2021)