Manju Goud v. S.Dhanalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-09-2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P.No.221 of 2024 Manju Goud Wife of Chandrakesh Kumar No.80A, 5th Street, Burma Nagar, Sadayankuppam, Chennai-600 103.

Petitioner(s)/Plaintiff Vs

1. Tmt.S.Dhanalakshmi Wife of S.Subramani, Plot No.304, 3rd Street, Burma Nagar, Sadayankuppam, Chennai-600 103.

2. S.Madhavi Daughter of Subramani Plot No.304, 3rd Street, Burma Nagar, Sadayankuppam, Chennai-600 103.

3. S.Revathi Daughter of Subramani Plot No.304, 3rd Street, Burma Nagar, Sadayankuppam, Chennai-600 103.

4. S.Janaki Daughter of Subramani Plot No.304,

3rd Street, Burma Nagar, Sadayankuppam, Chennai-600 103.

5. S.Mahendiran Son of Subramani Plot No.304, 3rd Street, Burma Nagar, Sadayankuppam, Chennai-600 103.

6.Mrs.Seema Sharma Wife of Devesh Sharma No.80A, 5th Street, Burma Nagar, Sadayankuppam, Chennai-600 103.

7. The Asst. Engineer, TANGEDCO Manali Pudhu Nagar Respondent(s)/ Defendants Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. to order withdrawal of the suit in O.S.No.153 of 2019 from the file of the District Munsif Court, Thiruvotriyur and transfer the same to the Subordinate Court, Thiruvotriyur along with O.S.No.79 of 2022 with a direction to try the same.

For Petitioner(s):

Mr.P.Manikannan For Respondent(s): Mr.K.Venkatesan for R6

ORDER

This petition has been filed seeking to withdraw the suit in O.S.No.153 of 2019 from the file of the District Munsif Court, Thiruvotriyur and transfer the same to the Sub-ordinate Court, Thiruvotriyur

along with O.S.No.79 of 2022 with a direction to try the same. 2.

Heard the learned counsel on both sides.

3.

The learned counsel appearing for the petitioner/plaintiff would submit that there is a property dispute between the petitioner and the respondents and that the petitioner herein had earlier filed a suit in O.S.No.6 of 2020 on the file of the Sub-ordinate Court at Ponneri and subsequently re-numbered as O.S.No.79 of 2022 on the file of the Subordinate Court at Thiruvotriyur and the same was pending. The 6th respondent/6th defendant also filed a suit against the petitioner and her husband, namely, Mr.Chandrakesh Kumar herein in O.S.No.153 of 2019 on the file of the District Munsif Court, Thiruvotriyur and the same was pending. The plaintiff and the 6th respondent/6th defendant filed two different suits seeking declaration and permanent injunction against each other. In order to avoid conflict judgment, the petitioner prayed to transfer the suit O.S.No.153 of 2019 from the District Munsif Court, Thiruvotriyur to the Subordinate Court,Thiruvotriyur to try along with O.S.No.79 of 2022.

4. Learned counsel for the 6th defendant has no objection in allowing

this petition.

5. In view of the no objection made by the learned counsel for the 6th defendant, this transfer civil miscellaneous petition is allowed. The case in O.S.No.153 of 2019 is hereby withdrawn from the file of the District Munsif Court, Thiruvotriyur and transferred to the file of the Subordinate Court, Thiruvotriyur to try the same along with O.S.No.79 of 2022 (or) simultaneously as expeditiously as possible. No costs. Connected C.M.P. is closed.

16-09-2025 kal Index:Yes/No Speaking/Non-speaking order Internet:Yes;

To

1.The District Munsif Court, Tiruvotriyur.

2.The Subordinate Court, Tiruvotriyur.

M.JOTHIRAMAN J.

kal and C.M.P.No.221 of 2024 16.09.2025