K.Raman v. J.Saravan An

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.477 of 2016 & C.M.P.No.13133 of 2016 K.Raman ... Petitioner/D2 vs

1. J.Saravanan

2. V.Nagarajan ... Respondents/Plaintiff and D1 Miscellaneous Petition filed under Section 24 of the Civil Procedure Code for praying to withdraw O.S.No.120 of 2012 pending on the file of the District Munsif Court at Krishnagiri and transfer the same to the Principal Subordinate Court at Krishnagiri for trying jointly with O.S.No.243 of 2015. For Petitioner :

Mr.S.M.Muralidharan *****

O R D E R

Suit in O.S.No.120 of 2012 has been filed by the first respondent seeking declaration that the sale deed dated 01.06.2011 executed by first defendant in favour of second defendant is null and void and not binding on the plaintiff. Petitioner is second defendant and suit in O.S.No.243 of 2015, wherein petitioner is third defendant, has been filed by the second respondent and his mother for partition and also for injunction not to sell the property to this petitioner.

2. Learned counsel for petitioner submits that suit properties in both actions are common.

3. Considering the attendant circumstances, it is appropriate to accept this petition.

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4. Accordingly, this petition shall stand allowed and suit in O.S.No.120 of 2012 on the file of District Munsif Court at Krishnagiri is transferred to the Principal Subordinate Court at Krishnagiri to be tried along with suit in O.S.No.243 of 2015. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To,

1. The District Munsif, Krishnagiri.

2. The Principal Subordinate Judge, Kirshnagiri +1 cc to M/s.S.M.Muralidharan,advocate,sr.47164 ppa(co) krd 15/11 Tr. C. M.P.No.477 of 2016 https://hcservices.ecourts.gov.in/hcservices/