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Madras High CourtTR CMP/598/2025allowed

A. Josephine v. Athenova Technologies

2026-07-01Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-07-2026

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI and CMP No.14569 of 2025

1. A. Josephine D/o. S. Anthony Muthu, D.No.25, Bharathiyar 1st Street, K. Pudur, Madurai 7.

Petitioner(s) Vs

1. Athenova Technologies Rep.by Chairman and Principal S. Srividhya Devi, Office at No.31, Thiruvengadapuram, 1st Street, Vengambakkam, Chennai 127.

Respondent(s) Petition filed under Section 24 of Civil Procedure Code to withdraw O.S.No.143 of 2024 from the file of District Munsif Court, Tambaram, Chengalpattu District and transfer the same to Subordinate Court, Melur, Madurai District. For Petitioner(s):

M/s.M.Ponniah For Respondent(s):

No appearance

ORDER

Though the matter was listed yesterday, despite the petitioner being ready, 1/4

since there was no representation on the side of the respondent, the matter was adjourned with a direction to be listed today under the caption "for orders". Even today, there is no representation on the side of the respondent. Therefore, I have proceeded to hear the learned counsel for the petitioner.

2. The petitioner is the plaintiff in O.S.No.264 of 2024 on the file of Sub Court, Melur. The petitioner seeks recovery of money from the respondent herein who has incidentally filed O.S.No.143 of 2024 on the file of District Munsif Court, Tambaram. The cause of action for both the suits emanate from single fact that the petitioner has enrolled in the Respondent's Company Course for Academic Assistance to complete PhD programme. The parties are one and the same and the evidence that will be required to be let in in both the suits will also overlap and in order to avoid multiplicity of proceedings, in the interest of justice that both the suits will have to be necessarily tried jointly and considering that the larger relief is sought for by the petitioner herein in the suit for recovery of money, I am inclined to allow the petition.

3. Accordingly, Tr,C.M.P.NO.598 of 2025 is allowed and the suit in O.S.No. O.S.No.143 of 2024 is withdrawn from the file of District Munsif Court, Tambaram, Chengalpattu District and the same is transferred to the file of Sub Court, Melur to be 2/4

tried along with O.S.No.264 of 2024 jointly.

4. The District Munsif Court, Tambaram is directed to send the entire records relating to O.S.No.143 of 2024 to the file of Sub Court, Melur forthwith. No costs. Consequently, connected miscellaneous petition is closed. 01.07.2026 sr Index:yes/no Website:yes/no Speaking Order/Non-speaking Order To

1. The District Munsif Court, Tambaram 2, The Sub Court, Melur 3/4

P.B.BALAJI.,J sr 01.07.2026 4/4