Mr.R.Madhiyalagan v. Mr.M.Vennila And 7 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 05TH DAY OF NOVEMBER 2019 THE HON'BLE MS. JUSTICE PUSHPA SATHYANARAYANA A.No.7633 of 2019 in C.S.NO.954 of 2005 1.R.Madhiyalagan,
2. M.Vennila,
3. R.Annathurai, 4.R.Dhanapal, ...Plaintiffs -vs1.K.Porselvi,
2. N.Niraiselvi,
3. R.Saroja,
4. R.Selvakumar,
5. R.Manoharan,
6. V.Banumathy,
7. Mrs. Seetha Viswanathan
8. Mr.R.Ravichandran (Deceased) Defendants 7 and 8 are impleaded as per the order of the Court dated 07.12.2011 in A.NO.5625/2011
9. Radha Ravichandran, 10.Deepathi Ravichandran
11. Shruthi Ravichandran Defendants 9 to 11 are impleaded as per the order of the Court dated 06.06.2014 in A.No.3197/2014 No claim is made against the Respondents 7 to 11 and hence they are give as not necessary parties ...Defendants A.No.7633 of 2019:
R.Madhiyalagan, No.10-B, Selavayal, Kodungaiyur, Parvathy Nagar, Chennai 600 051 ..Plaintiff -vs1.M.Vennila, P.No.13, Parvathi Nagar, Kollachery, Kundrathur, Chennai 600 039
2.R.Annathurai, No.54, B-Block, Housing Board Colony, Cemetry Road, Royapuram, Chennai 13 3.R.Dhanapal, No.1, C.G.Colony, 2nd Lane, Royapuram Chennai 600 013 4.Porselvi, No.32, U Block, Anna Nagar Chennai 40 5.N.Niraiselvi, No.G 57/1, VOC Main Road, Anna Nagar East, Chennai 102 6.R.Selvakumar, Door No.1, Model School Road, New Street Thousand Lights, Chennai 600 006 7.R.Manoharan, No.4, 2nd Cross Street Sastry Nagar, Adyar, Chennai 600 020 8.V.Banumathy, No.1/80, Mandaveli Amman Koil Street Ramapuram, Chennai 89 ...Defendants This Application praying that this Honble Court be pleased to withdraw the suit in O.S.NO.5315/2019 pending on the file of the XVII Judge Fast Track Court, Chennai (XVII ADDITIONAL JUDGE CITY CIVIL COURT CHENNAI) and Transfer the same to be tried along with C.S.No.954/2005, now pending before this Honble Court. This Application coming on this day before this court for hearing the court made the following order:
The present application is filed for withdrawing the suit in O.S.No.5315 of 2019 pending on the file of the XVII Judge Fast Track Court, Chennai, XVII Additional Judge City Civil Court, Chennai and transferring the same to be tried along with C.S.No.954 of 2005 on the file of this Court. Both the suits are filed only for partition. Without getting into the merits of the case it is admitted that the Application No.5623 of 2018 was
filed by the present applicant for including his house property as the subject matter in O.S.No.5315 of 2019 in C.S.No.954 of 2005. The said application was dismissed on merits after contest on 19.11.2018 . Besides the merits of the case, it is also found to be belated relief sought for by the applicant herein. Aggrieved by the said order the applicant herein has filed an appeal in OSA.No.33 of 2019 which also met with the same fate and was dismissed on 10.04.2019. Having failed in his attempt, to include his house property, the applicant has filed a separate suit O.S.No.5315 of 2019 for partition before the XVII Judge Fast Track Court, Chennai XVII Additional Judge, City Civil Court, Chennai.
2. Be that as it may. Now it is stated that the present C.S.No.954 of 2005 is riped for arguments and infact plaintiff side has already argued. Therefore evidence is over and it is posted for arguments after almost 15 years. At this stage the applicant is making an attempt to transfer the O.S.No.5315 of 2019 in which written statement is also yet to be filed to be tried along with the suit pending before this Court. Admittedly the subject matter in O.S.No.5315 of 2019 is not a subject matter in C.S.No.954 of 2005, therefore there is no need for transfer of the said suit and the said suit can be independently tried. Hence the application is devoid of merits and the same is dismissed.
3. Post the suit for hearing on 03.12.2019.
Sd/.P.S.N.J.
05.11.2019 //Certified to be a true copy// Dated this the day of 2019.
R.s/15.11.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.