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Madras High CourtA/4015/2019allowed

Sathya Poondi Badrinarayanan v. Indira W/O.Chellasamy

2019-07-01Honourable Mr Justice R. Subramanian2 pages

A.Nos. 4014 & 4015 of 2019 in C.S.No. 112 of 2018 R.SUBRAMANIAN, J.

These applications have been filed to withdraw the suits in O.S.No. 2718 of 2016 pending on the file of XVI Assistant City Civil Judge, Chennai and O.S.No.3357 of 2019 pending on the file of I Additional City Civil Judge, Chennai to be tried along with C.S.No. 112 of 2018 pending in this Court.

2. C.S.No.112 of 2018 has been filed by the applicant herein seeking a declaration of a title to the suit schedule property, declaration that the sale deed dated 10.07.2015 executed in favour of the defendant by the legal heirs of Late J.Deepak as null and void and for permanent injunction.

3. O.S.No.2718 of 2016 is the suit filed by the defendant in C.S.No.112 of 2018 seeking to set aside the sale deed dated 25.08.1983 executed by Late J.Deepak in favour of one G.Nagarajan. With reference to a portion of the property measuring about 1,455 Sq ft., out of 4,080 Sq.ft., in the same door number.

4. O.S.No.3357 of 2019 is another suit filed by the purchaser under the sale deed dated 25.08.1983 namely, Nagarajan seeking a declaration of his title, a declaration that the sale deed dated 10.07.2015 in favour of the first defendant by defendants 2 to 4 is null and void and for other reliefs. http://www.judis.nic.in

R.SUBRAMANIAN, J.

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5. In all three suits, the validity of the sale deed dated 10.07.2015 executed by legal heirs of J.Deepak in favour of the defendant in C.S.No.112 of 2018 is put in issue.

6. In view of the said commonality, I find that it will be in the interest of justice that all suits are tried together so that any chance of conflict of opinion could be avoided. Hence, these applications are allowed. The suit in O.S.No.3357 of 2019 pending on the file of I Additional City Civil Judge, Chennai and the suit in O.S.No.2718 of 2016 pending on the file of XVI Assistant City Civil Judge, Chennai are withdrawn to this Court to be tried along with C.S.No.112 of 2018.

01.07.2019 kkn A.Nos. 4014 & 4015 of 2019 in C.S.No. 112 of 2018 http://www.judis.nic.in