R.Sasikala v. Jeganathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Tr.C.M.P.Nos.1040 & 1153 of 2022 and C.M.P.Nos.17837 & 19656 of 2022 Tr.C.M.P.No.1040 of 2022 R.Sasikala ...

Petitioner Vs.

1.Jeganathan 2.Ramasamy 3.Deepa 4.Karthiga ...

Respondents Tr.C.M.P.No.1153 of 2022 R.Sasikala ...

Petitioner Vs.

1.Jeganathan 2.Deepa 3.Karthiga 4.R.Dhanasekaran ...

Respondents 1/7

PRAYER in Tr.C.M.P.No.1040 of 2022:

The Transfer Civil Miscellaneous Petition has been filed under Section 24 of C.P.C., praying to withdraw I.A.No.333 of 2021 in O.S.No.193 of 1997 on the file of Subordinate Court, Attur and transfer the same to try joint and simultaneously alongwith O.S.No.138 of 2020 on the file of the District Mahila, Namakkal.

PRAYER in Tr.C.M.P.No.1153 of 2022:

The Transfer Civil Miscellaneous Petition has been filed under Section 24 of C.P.C., praying to withdraw O.S.No.146 of 2021 on the file of the Subordinate Court, Rasipuram and transfer the same to try joint and simultaneously alongwith O.S.No.138 of 2020 on the file of the District Mahila, Namakkal. For Petitioner in : Mr.J.Prithivi both Tr.CMPs.

For Respondent : Mr.K.Shakespeere Nos.1,3 & 4 in Tr.CMP.No.1040 of 2022 and For Respondent Nos.1 to 3 in Tr.CMP.

No.1153 of 2022 For Respondent No.2 : No appearance in Tr.CMP.No.1040 of 2022 and For Respondent No.4 in Tr.CMP.No.1153 of 2022 2/7

COMMON O R D E R The petitioner in both Tr.CMPs has filed these petitions to withdraw I.A.No.333 of 2021 in O.S.No.193 of 1997 on the file of Subordinate Court, Attur and O.S.No.146 of 2021 on the file of the Subordinate Court, Rasipuram and transfer the same to try joint and simultaneously alongwith O.S.No.138 of 2020 on the file of the District Mahila, Namakkal. 2.When the matters are taken up for hearing, the learned counsel appearing for the petitioner in both Tr.CMPs submitted that the dispute involved in these matters has already been settled between them. Hence, he prayed to transfer the cases in I.A.No.333 of 2021 in O.S.No.193 of 1997 and O.S.No.146 of 2021 to the District Mahila Court, Namakkal for joint trial along with O.S.No.138 of 2020.

3.The learned counsel appearing for the respondents in both Tr.CMPs. also has no objection to transfer the cases to the District Mahila 3/7

Court, Namakkal.

4. In view of the above, I.A.No.333 of 2021 in O.S.No.193 of 1997 and O.S.No.146 of 2021 are withdrawn from the file of the Subordinate Court, Attur and Subordinate Court, Rasipuram respectively and transferred the same to the file of District Mahila Court, Namakkal. The learned Subordinate Judges, Attur and Rasipuram are directed to send the entire records with regard to the above cases to the District Mahila Court, Namakkal, within a period of two weeks from the date of receipt of a copy of this order and the District Mahila Judge, Namakkal is directed to issue notice to the respondents and dispose of the cases as early as possible, preferably within a period of three months after receiving the entire records from the concerned Court.

5.In the result, the Transfer Civil Miscellaneous Petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. Index : Yes / No 4/7

22.11.2023 Speaking/Non-speaking order To 1.The Subordinate Court, Attur.

2.The Subordinate Court, Rasipuram 2.The District Mahila Court, Namakkal.

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T.V.THAMILSELVI, J.

sms Tr.C.M.P.Nos.1040 & 1153 of 2022 and C.M.P.Nos.17837 & 19656 of 2022 22.11.2023 6/7

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