Pongiammal v. S.Kanagaraj S/O La.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Transfer C.M.P.No.641 and 642 of 2018 Tr.C.M.P.No.641 of 2018:

1.

Pongiammal 2.

R.Moorthy

...Petitioners/Petitioners

vs.

1.

S.Kanagaraj 2.

N.Selvi 3.

J.Gandhimathi 4.

A.Vijayakumar

...Respondents/Respondents

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw O.S.No.588 of 2016 on the file of II Additional Subordinate Judge, Coimbatore, to be tried along with E.P.No.53 of 2017 in O.S.No.55 of 2012 on the file of the V Additional District Judge, Coimbatore.

Tr.C.M.P.No.642 of 2018:

1.

K.Muthusamy 2.

P.R.Selvaraj 3.

C.Periasamy 4.

R.Selvaraj ... Petitioners/Petitioners vs.

1.

S.Kanagaraj 2.

N.Selvi 3.

J.Gandhimathi 4.

A.Vijayakumar

...Respondents/Respondents

Tr.C.M.P. filed under Section 24 of C.P.C., to withdraw O.S.No.538 of 2016 on the file of II Additional Subordinate Judge, Coimbatore, to be tried along with E.P.No.53 of 2017 in O.S.No.55 of 2012 on the file of the V Additional District Judge, Coimbatore.

* * * * * For Petitioners in both Petitions : Mr.M.S.Krishnan, Senior Counsel for M/s.Sarvabhauman Associates For Respondents in both Petitions : No appearance Page No.1 of 2 https://hcservices.ecourts.gov.in/hcservices/

C O M M O N O R D E R Petitioners have come up with the above Petitions seeking transfer of O.S.No.588 of 2016 and O.S.No.538 of 2016 on the file of II Additional Subordinate Judge, Coimbatore, to be tried along with E.P.No.53 of 2017 in O.S.No.55 of 2012 on the file of the V Additional District Judge, Coimbatore.

2. Heard the learned counsel for the Petitioners. None appears on behalf of the Respondents in spite of their names printed in the cause list, after service. It appears that, they do not have serious objection in allowing these Petitions.

3. There is nothing on record to suspect the bonafides in filing this Transfer Petition. I am therefore of the view that these Transfer Petitions deserve to be allowed.

4. In the result, the proceedings in O.S.No.588 of 2016 and O.S.No.538 of 2016 pending on the file of II Additional Subordinate Court, Coimbatore, are directed to be tried along with E.P.No.53 of 2017 in O.S.No.55 of 2012 on the file of the V Additional District Court, Coimbatore.

5. The V Additional District Judge, Coimbatore, is expected to conclude the joint trial, as expeditiously as possible, without adjourning the matter beyond 45 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, connected C.M.P.No.15810 of 2018 in Tr.C.M.P.No.641 of 2018 is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar (aeb) To :

1.

The II Additional Subordinate Court, Coimbatore. 2.

The V Additional District Court, Coimbatore.

+2cc to M/s.Sarvabhauman Associates, Advocate sr.9695 & 9696 Tr.C.M.P.Nos.641 & 642 of 2018 ssd(co) nr 05/03/2020 Page No.2 of 2 https://hcservices.ecourts.gov.in/hcservices/