Anbarasan v. Jeyalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2018 CORAM :

THE HONOURABLE MS. JUSTICE V.M.VELUMANI Tr.C.M.P.Nos.612 to 614 of 2012 and M.P.Nos.1, 1, 2 and 2 of 2012 Anbarasan ... Petitioner in all Tr.C.M.Ps.

Vs.

1.Jeyalakshmi 2.Muthusamy 3.M.Ravikumar 4.M.Thilipkumar ... Respondents in Tr.C.M.P.No.612/2012 1.Muthusamy 2.Jeyalakshmi 3.M.Ravikumar 4.M.Thilipkumar ... Respondents in Tr.C.M.P.No.613/2012 1.Akilandeswari 2.Manivannan 3.Manimegalai 4.Jeyalakshmi 5.Sakunthala 6.Nallammal 7.Selvaraj 8.Vasanthamala 9.Prakash 10.Ramasamy 11.Indirani 12.Anandan 13.Suganthi 14.Sooriyan 15.Uma 16.Jeyamani 17.Balasubramaniam 18.Moorthinathan 19.Pandian 20.Thirunavukkarasu 21.Sundaramoorthy 22.Dr.Thirugnanasambandam 23.M/s.Valarmathi Beauty Parlour and Ladies Tailoring Shop No.10, Kamatchi Amman Koil West Street, Karur Town & District.

24.Velu 25.Gandhimathi 26.Chinnusami Prop. Sankar Radio Shop No.1, Paramathi Road, Namakkal Town & District.

27.M/s.Willina Medical Shop No.2, Paramathi Road Santhaipettai Pudur Namakkal Town & District.

28.Pappa 29.M/s.Gowtham Hotel Rep. by Prop. Rengasamy No.5/3, Paramathi Main Road, Santhaipettai Pudur Namakkal Town & District.

30.Subramani Tailor Prop. Sangeeth Tailoring Shop 31.M/s.Kavin Tea Stall Rep. by Prop. Venkatachalm 32.Savinidhi Dress Designer Rep. by Prop. Vijaya 33.M/s.Sri Velavan Digital Video & Studio 34.M/s.Usha Ladies Beauty Parlour 35.Manivannan Prop. LIC Policy Service Centre 36.M/s.Namakkal Pothupaniyalargal Co-operative House Construction Sangam 37.Kandasamy (Maligai) Prop. Parameswari Maligai Shop No.5, Paramathi Road, Santhaipettai Pudur Namakkal Town & District.

38.M/s.Laya Tailoring Sudi Collections M.G.M.Complex, Paramathi Road, Santhaipettai Pudur Namakkal Town & District.

39.M/s.Sathya Digital Arts ADvertising No.222, Paramathi Road Santhaipettai Pudur Namakkal Town & District.

40.Geetha 41.Kamaraj 42.Mahalingam Prop. Mahalingam Cycle Shop Paramathi Road, Santhaipettai Pudur Namakkal Town & District

43.M/s.ZIZZI Investments No.4/11, Paramathi Road Santhaipettai Pudur Namakkal Town & District.

... Respondents in Tr.C.M.P.No.614/2012 PRAYER in Tr.C.M.P.No.612/2012:- Petition has been filed under Section 24 of C.P.C., to withdraw O.S.No.223 of 2011 pending on the file of the District Munsif Court, Karur and transfer the same to the file of the Subordinate Court, Namakkal to be tried along with O.S.No.43 of 2006.

PRAYER in Tr.C.M.P.No.613/2012:- Petition has been filed under Section 24 of C.P.C., to withdraw O.S.No.236 of 2011 pending on the file of the District Munsif Court, Namakkal and transfer the same to the file of the Subordinate Court, Namakkal to be tried along with O.S.No.43 of 2006.

PRAYER in Tr.C.M.P.No.614/2012:- Petition has been filed under Section 24 of C.P.C., to withdraw O.S.No.264 of 2011 pending on the file of the Subordinate Court, Karur and transfer the same to the file of the Subordinate Court, Namakkal to be tried along with O.S.No.43 of 2006.

For Petitioner : Mr.C.H.Pandian For Respondents : No Appearance C O M M O N O R D E R These Transfer Civil Miscellaneous Petitions are filed to withdraw O.S.No.223 of 2011 pending on the file of the District Munsif Court, Karur; O.S.No.236 of 2011 pending on the file of the District Munsif Court, Namakkal and O.S.No.264 of 2011 pending on the file of the Subordinate Court, Karur and transfer the same to the file of the Subordinate Court, Namakkal to be tried along with O.S.No.43 of 2006.

2.The petitioner and the issues involved in all the three Transfer Civil Miscellaneous Petitions are one and the same and therefore, they are disposed of by this common order. 3.The petitioner has filed these petitions to transfer O.S.No.223 of 2011 pending on the file of the District Munsif Court, Karur; O.S.No.236 of 2011 pending on the file of the District Munsif Court, Namakkal and O.S.No.264 of 2011 pending on the file of the Subordinate Court, Karur to the file of the Subordinate Court, Namakkal, to be tried along with O.S.No.43 of 2006. According to the petitioner, O.S.No.43 of 2006 is for partition of the properties mentioned therein. It is

comprehensive suit. All the properties which are subject matter of three suits except one property in Survey No.578 is situated in the Karur Town. All the parties are residing at Namakkal. The documents and evidences are common to all the suits. In order to avoid conflicting decisions, all the suits are to be transferred to the Subordinate Court, Namakkal to be tried along with O.S.No.43 of 2006.

4.Heard the learned counsel for the petitioner and perused the materials available on record. Though notice has been served on the respondents and their names are printed in the cause list, there is no representation for them either in person or through counsel.

5.From the averments in the affidavit in all the Transfer Civil Miscellaneous Petitions, it is seen that the properties which are subject matter in all the three suits sought to be transferred are not subject matter in O.S.No.43 of 2006. The parties are also not one and the same. The petitioner has not impleaded all the parties in O.S.No.43 of 2006 in present Transfer Civil Miscellaneous Petitions. O.S.Nos.223 of 2011 and 236 of 2011 are filed for injunction. Only O.S.No.264 of 2011 is for partition of the properties mentioned therein. The properties which are subject matter in all the above three suits are not subject matter in O.S.No.43 of 2006.

6.In view of the above facts that properties and issues are not one and the same, all the three Transfer Civil Miscellaneous Petitions are dismissed as devoid of merits. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar gsa To 1.The District Munsif, Karur.

2.The District Munsif, Namakkal.

3.The Subordinate Judge, Karur.

4.The Subordinate Judge, Namakkal.

+1cc to Mr.C.H.Pandian, Advocate sr.no.25100 Tr.C.M.P.Nos.612 to 614 of 2012 and M.P.Nos.1, 1, 2 and 2 of 2012 nr 25/04/2018