M. Shanthi v. A. Dhakshnamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE and CMP NO. 22230 of 2025 M. Shanthi ..Petitioner Vs A. Dhakshnamoorthy ..Respondent Prayer in TR CMP No. 983 of 2025: Petition filed under section 24 of CPC to withdraw OS.No.153 of 2022 pending on the file of the Addl.Dist.Judge Vellore and transfer the same to the Addl.Dist,Judge, Kancheepuram. Prayer in CMP No. 22230 of 2025: Petition to stay all further proceedings of OS.No.153 of 2022 pending on the file of the Addl.Dist.Judge Vellore , pending disposal of the above TR CMP.

For Petitioner:

M/s. R.Anburaj For Respondent:

Mr.V.Veeraraghavan

Order Heard both sides.

2. This transfer petition is under Section 24 C.P.C. Two suits are pending between the parties arising out of a single transaction One suit is in Vellore for money claim based on the promissory note, viz. O.S.No. 153 of 2022 on the file of the Additional District Judge, Vellore. Another suit is in Kancheepuram based on the sale agreement stated to have been executed by way of security, viz., O.S.No.38 of 2023 on the file of the District Court, Kancheepuram.

3. The transaction involves Rs.15,00,000/-, reflected through the promissory note as well as the sale agreement. Both learned counsel submit that, in order to avoid conflicting findings and to facilitate effective adjudication, both suits require to be tried simultaneously.

4. At this juncture, both sides mutually agree to have the suit at Kancheepuram transferred to Vellore. Learned counsel also filed memo of consent to that effect.

In view of the above consent and considering that both proceedings arise out of the same transaction, this Court is of the view that the transfer is necessary in the interest of justice.

5. Accordingly, the Transfer Civil Miscellaneous Petition is disposed. O.S.No.38 of 2023 on the file of the District Court, Kancheepuram is withdrawn and transferred to the file of the Additional District Judge, Vellore, to be tried along with O.S.No.153 of 2022, and disposed of simultaneously, in accordance with law. The District Court, Kancheepuram shall transmit the entire records to the transferee Court forthwith, upon filing of memo. Consequently, connected C.M.P. is closed. No costs.

05-02-2026 Index: Yes/No Speaking/Non-speaking order SHL To

1. The Additional District Judge, Vellore

2. The Additional District Judge, Kancheepuram

DR.A.D.MARIA CLETE J.

SHL AND CMP NO. 22230 OF 2025 05-02-2026