R.Akshaya And 2 Others v. M.R.Anusuya

A.No.5156 of 2022 in T.O.S.No.15 of 2022 G. CHANDRASEKHARAN, J.

A.No.5156 of 2022 is filed to withdraw O.S.No.2548 of 2021 pending on the file of XXII Additional City Civil Court, Chennai and transfer the same to be heard along with T.O.S.No.15 of 2022 on the file of this Court.

2.The learned counsel for the applicant submitted that applicant filed T.O.S.No.15 of 2022 for grant of Letters of Administration of the Will executed by deceased P.N.Vasundara in her favour. Applicant's mother P.N.Vasundara had two daughters namely applicant and Anuradha. The other daughter Anuradha died and the plaintiffs R.Akshaya, R.Muraalidaran and S.Ragavan are the legal heirs of deceased Anuradha. They filed a suit for partition in O.S.No.2548 of 2021 on the file of XXII Additional City Civil Court, Chennai against the applicants. Therefore, both the suits are tried together jointly.

3.The learned counsel for the respondent has no serious objection for joint trial of both the suits.

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4.Considering the fact that the parties in this suit and property concerned in both the suits are substantially the same, a joint trial will help in reducing time in the recording of evidence and avoid conflicting judgments. In this view of the matter this application is allowed. O.S.No.2548 of 2021 pending on the file of XXII Additional City Civil Court, Chennai is ordered to be transferred to this Court for trying along with T.O.S.No.15 of 2022. The evidence is ordered to be recorded in O.S.No.2548 of 2021.

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G. CHANDRASEKHARAN, J.

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