Mrs.Namagiri v. Mr. Ramesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.Nos. 676 and 677 of 2016 and 32 and 33 of 2017 and C.M.P.Nos.751 and 752 of 2017 and 17701 of 2016 Tr.C.M.P.No.676 of 2016
1. Mrs.Namagiri
2. S.Sabarish 3.S.Ramana
...Petitioners/Defendants
1. Ramesh 2.M/s.Savi Enterprises Rep. by its Shanthskumar, No.38A, Raja Street, Coimbatore-1 3.M/s.Guru Enterprises No.38 A, Raja Street, Coimbatore-1.
4. Chikkuthamma Chettiar
5. Krishnakumar
6. Indira 7.Najamunnisha 8.Nizamudeen 9.Dowlath Mania 10.Raffiyamsa 11.Daslema 12.Raseema Nilaffur
13. Mustaq Ahamed 14.D.Sathyanarayanan
...Respondents/Defendants
O.S.No.1896 of 2013 from the file of District Munsiff Court, Coimbatore and transfer the same to the file of Principal District Court, Coimbatore to be tried along with For Petitioner :
Mr.C.Veeraraghavan For Respondents :
M/s.B.Kannan R9 M/s.Y.T.Aravind Ghose Government Advocate (R10)
Tr.C.M.P.No.677 of 2016
1. Mrs.Namagiri
2. S.Ramanan
3. S.Sabariram
...Petitioners
1.M/s.Savi Enterprises Rep by its partner Santhakumar, 1204/1981, Registered no dt 18.12.1981, Raja Street, Coimbatore-641001.
2. M/s.Guru Enterprises No.38, Raja Street, Coimbatore.
3. Krishnakumar
4. Indira
5. S.Nazumunisha
6. S.Nizamuddin
7. S.Dhowlath Neesa
8. S.Rasleema
9. S.Raffiyamma 10.S.Raseema Nilaffur 11.S.Mustaq Ahamed 12.Ramesh 13.N.Shanthi 14.N.Mahendran 15.Narendraraj
...Respondents
O.S.No.844 of 2013 from the file of II Additional Subordinate Court, Coimbatore and transfer the same to the file of For Petitioner : Mr.C.Veeraraghavan For Respondents : M/s.B.Kannan R9 M/s.Y.T.Aravind Ghose Government Advocate (R10) Tr.C.M.P.No.32 of 2017
1. Mrs.Namagirithayar
2. S.Sabariram
3. S.Ramanan
...Petitioners/Defendants 1 to 10/
Respondent No.1/Plaintiff 1.D.Sathyanarayanan 2.S.Nizmunisha 3.Nizamudeen
4.Tmt S.Raseena Nilafur 5.Tmt.S.Dowlath Neesa 6.Tmt.S.Dhasleema 7.S.Mustaq Ahmed 8.Tmt.S.Raffiyama 9.The Sub Registrar Joint II Coimbatore District Collectorate Buildings, Coimbatore-641018.
10.The District Collector, Coimbatore Office at District Collectorate Buildings, Coimbatore-641018.
...Respondents 2 to 10 /
Respondents 1 to 12 / 1 and 12 O.S.No.1545 of 2013 from the file of Principal District Munsiff Court, Coimbatore and transfer the same to the file of Principal District Court, Coimbatore to be tried along with For Petitioner : Mr.C.Veeraraghavan For Respondents : Mr.Y.T.Aravind Ghosh (R10) Government Advocate Mr.B.Kannan (R9) Tr.C.M.P.No.33 of 2017
1. Mrs.Namagirithayar
2. S.Ramanan
3. S.Sabariram
...Petitioners/Defendant
S.Arumugam
...Respondent/Plaintiff
O.S.No.555 of 2013 from the file of V Additional District Judge, Coimbatore and transfer the same to the file of For Petitioner : Mr.C.Veeraraghavan For Respondents : Mr.Y.T.Aravind Ghosh (R10) Government Advocate Mr.B.Kannan (R9) C O M M O N O R D E R Tr.C.M.P.No. 676 of 2016 has been filed to withdraw O.S.No.1896 of 2013 from the file of District Munsiff Court, Coimbatore and transfer the same to the file of Principal District Court, Coimbatore to be tried along with
2. Tr.C.M.P.No.677 of 2016 has been filed to withdraw O.S.No.844 of 2013 from the file of II Additional Subordinate Court, Coimbatore and transfer the same to the file of
3. Tr.C.M.P.No.32 of 2017 has been filed to withdraw O.S.No.1545 of 2013 from the file of Principal District Munsiff Court, Coimbatore and transfer the same to the file of Principal District Court, Coimbatore to be tried along with
4. Tr.C.M.P.No.33 of 2017 has been filed to withdraw O.S.No.555 of 2013 from the file of V Additional District Judge, Coimbatore and transfer the same to the file of
5. It is represented by the learned counsel for the petitioner that all the suit properties in above suits are one and the same and the issues to be framed for granting of relief in all the suits in respect of suit properties are also one and the same and further the evidence to be let in all the suits are also one and the same and therefore, seeks transfer of the suit in O.S.Nos.1896 of 2013, 844 of 2013, 1545 of 2013 and 555 of 2013 from the respective courts to the file of Principal District Court, Coimbatore to be tried along with O.S.No.161/2015, which was filed by the bonafide purchasers of the suit properties.
6. Heard the learned counsel for the Petitioner. None appears on behalf of the Respondents, except for the respondents 9 and 10 in Tr.C.M.P.No.32 of 2017, in spite of their names printed in the cause list, after service. The learned counsel appearing for the Respondents 9 and 10 in Tr.C.M.P.No.32 of 2017 submitted that the Respondents has no objection to transfer the proceedings to the file of Principal District Court, Coimbatore.
7. All the averments in the affidavit has not been dealt with by this Court. as it needs to be established in the trial. This Court without making any observations with regard to merits of the case, considering the convenience of the parties is of the view that the Transfer Petitions deserve to be allowed.
8. In the result, the proceedings in O.S.No.1896 of 2013 pending on the file of Principal District Munsiff Court, Coimbatore, II, O.S.No.844 of 2013 pending on the file of Additional Subordinate Court, Coimbatore, O.S.No.1545 of 2013 pending on the file of Principal District Munsiff Court, Coimbatore and O.S.No. 555 of 2013 pending on the file of V Additional District Court, Coimbatore are withdrawn from the
respective Courts and are transferred to Principal District Court, Coimbatore, for joint trial along with O.S.No.161 of 2015. The Principal District Court, Coimbatore is expected to conclude the trial, as expeditiously as possible.
9. These Transfer Civil Miscellaneous Petitions are allowed as indicated above. No costs. Consequently, connected C.M.P.'s are closed.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To :
1.The Principal District Munsiff Court, Coimbatore. 2.The II Additional Subordinate Court, Coimbatore. 3.The Principal District Munsiff Court, Coimbatore 4.The V Additional District Court, Coimbatore. 5.The Sub Registrar Joint II Coimbatore District Collectorate Buildings, Coimbatore-641018.
6.The District Collector, Coimbatore.
+4 cc's Mr.C.Veeraraghavan, Advocate,sr.17238,17239, 17237, 17236 +1 cc to Government Pleader,sr.17369 pp(co) krd 22/9 Transfer C.M.P.Nos. 676 and 677 of 2016 and 32 and 33 of 2017