K.Velmurugan, v. J.P.Balaji,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2025 CORAM :
THE HONOURABLE MR.JUSTICE S. SOUNTHAR and C.M.P.No.23015 of 2025 K.Velmurugan .. Petitioner vs J.P.Balaji .. Respondent Prayer : Petition filed under Section 24 of CPC order the withdraw the suit in O.S.No.3583 of 2024 on the file of the XVIII Assistant City Civil Court, Chennai and transfer the same to the Court of the learned Principal District Judge, Dharmapuri for being tried along with O.S.No.162 of 2024.
For Petitioner :
Mr.S.Subramanian 1/5
For Respondent :
Mr.P.M.Jayachandran
ORDER
The Transfer Civil Miscellaneous Petition, filed by the petitioner herein seeks transfer of O.S.No.3583 of 2024 filed by him on the file of XVIII Assistant City Civil Court, Chennai to Principal District Judge, Dharmapuri for joint trial along with O.S.No.162 of 2024.
2. The petitioner filed a suit against the respondent for mandatory injunction directing him to return the promissory note dated 15.01.2023. The respondent herein filed a suit in O.S.No.162 of 2024 on the file of the Principal District Judge, Dharmapuri, seeking recovery of money based on the very same promissory note. Since the issue involved in both the 2/5
suits are one and the same, the petitioner filed instant application seeking transfer of suit filed by him before the City Civil Court, Chennai to District Court, Dharmapuri for joint trial.
3. The issues involved in both the suits are one and the same, and if these suits are allowed to go on before two different forums, there will be a likelihood of conflict of judicial verdicts. In order to avoid such an eventuality, and in the interest of justice, this Court is inclined to order the transfer petition.
4. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and the suit filed by the petitioner in O.S.No.3583 of 2024 is withdrawn and transferred to the file of the Principal District Judge, Dharmapuri for joint trial along with O.S.No.162 of 2024. No costs. Consequently, the connected civil miscellaneous petition is closed. 19.11.2025 3/5
Index:Yes/No ub To 1.The Principal District Judge, Dharmapuri 2.The XVIII Assistant City Civil Court, Chennai 4/5
S. SOUNTHAR,J., ub Tr.C.M.P.No.1025 of 2025 19.11.2025 5/5