Madras High CourtTR CMP/422/2018allowed

J. Jayanthi v. Chitra

2020-02-13Honourable Mr Justice S. Vaidyanathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.Nos.422 & 423 of 2018 and C.M.P. Nos.10967 to 10969 of 2018 J.Jayanthi ..Petitioner in Tr.C.M.P.No.422 of 2018 M.Jayakumar ..Petitioner in Tr.C.M.P.No.423 of 2018 vs.

Chitra ..Respondent in Tr.C.M.P.No.422 of 2018 S.Manivannan ..Respondent in Tr.C.M.P.No.423 of 2018 Tr.C.M.Ps. filed under Section 24 of C.P.C., to withdraw (i) O.S. No.5825 of 2017 from the file of XV Additional City Civil Court, Chennai, (ii) O.S. No.5819 of 2017 from the file of II Assistant City Civil Court, Chennai and transfer the same to the file of VII Additional City Civil Court, Chennai to be tried along with O.S. No.5824 of 2017 pending before it. For Petitioner :

Mrs.R.Meenal in both Tr.CMPs.

For Respondent :

No appearance in both Tr.CMPs.

O R D E R

These Transfer Civil Miscellaneous Petitions have been filed by the petitioners to withdraw (i) O.S. No.5825 of 2017 from the file of XV Additional City Civil Court, Chennai, (ii) O.S. No.5819 of 2017 from the file of II Assistant City Civil Court, Chennai and transfer the same to the file of VII Additional City Civil Court, Chennai to be tried along with O.S. No.5824 of 2017 pending before it. All the suits have been filed for recovery of money from the respondents, based on a Promissory Note.

2. According to the Petitioners, the suits are interconnected and some of the documents, which are sought to be relied on, are common to all the suits. Respondents have acknowledged their liability. Hence it is necessary that three suits are tried together by the same court, to enable the parties to rely on the documents common to the suits. Page No.1 of 2 https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel for the Petitioner. None appears on behalf of the Respondents in spite of their names printed in the cause list, after service of notice on them.

4. There is nothing on record to suspect the bona fides in filing these Transfer Petitions. I am therefore of the view that the Transfer Petitions deserve to be allowed.

5. In the result, (i) O.S. No.5825 of 2017 pending on the file of XV Additional City Civil Court, Chennai and (ii) O.S. No.5819 of 2017 pending on the file of II Assistant City Civil Court, Chennai, are withdrawn from the respective courts and transferred to the file of VII Additional City Civil Court, Chennai to be tried along with O.S. No.5824 of 2017 pending before it, so that a composite trial is possible. As the suits are for recovery of money, based on a Promissory Note, the learned VII Additional Judge, City Civil Court, Chennai, is expected to conclude the trial, as expeditiously as possible, without adjourning the matter beyond 15 working days at any point of time, to bring the issue to a logical end.

6. The Transfer Civil Miscellaneous Petitions are allowed as indicated above. No costs. Consequently, the connected civil miscellaneous petitions are closed.

Sd/- Assistant Registrar(C.S.IV) /True Copy/ Sub Assistant Registrar To 1.The VII Additional City Civil Court, Chennai 2.The XV Additional City Civil Court, Chennai 3.The II Assistant City Civil Court, Chennai +2cc to M/s.R.Meenal, Advocate Sr.No.12128 and 12129 AKM/13.03.2020/2P-6C / Tr.C.M.P.Nos.422 & 423 of 2018 and C.M.P. Nos.10967 to 10969 of 2018 Page No.2 of 2 https://hcservices.ecourts.gov.in/hcservices/