Sreenivasan @ Siva Sreenivasasamy v. M.Paneerselvam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and CMP Nos.29771 of 2024 and 534 & 1376 of 2025 Tr.C.M.P.No.1388 of 2024:

Sreenivasan @ Siva Sreenivasasamy S/o G.Murugesan, Sri Mahanandhi Gurupeedam, Sivan Kovil Street, Thirukovilur Road, Aradapattu Village and Post - 606 808, Thiruvanamalai District.

Petitioner(s) Vs

1. M.Paneerselvam S/o Murugesan, No 73, Lurthu Nagar, Kaja Nagar Post, New Airport, Trichy 620023.

2.K.Shanthi D/o Murugesan, W/o Kamalakannan, No 37, 1st Main Road, Jothi Nagar, Annanure, Chennai 600 062.

3.V.Gopinath S/o Varadharajalu, No 90, TVS 2nd Cross Street, TVS Annex, 1/10

Korattur, Chennai 600 076.

4.M.Vinupriya W/o Gopinath, No 90, TVS 2nd Cross Street, TVS Annex, Korattur, Chennai 600 076.

5.Swarupa.K W/o Shayam Kumar, No 90 and 91, 2nd Street, TVS Nagar, R S Cross Street, Korattur, Chennai 600 076.

6.Anusuya W/o Dayalan, No 87, Pillaiar Kovil Street, Koothampakkam, Sholinghur, Pin Code 632 505.

7.Greater Chennai Corporation Rep by its Commissioner, Rippon Building, Chennai 600 003.

8.The Zonal Officer Zone 7, Greater Chennai Corporation, Korattur, Chennai 600 080.

Respondent(s) Tr.C.M.P.No.17 of 2025:

M.Sreenivasan @ Siva Sreenivasan S/o. G.Murugesan, Sri Mahanandhigurupeedam, Sivan Kovil Street, Thirukovilur Road, Aradapattu Village and Post-606 808, Tiruvannamalai District Petitioner(s) Vs 2/10

1.V.Gopinath S/o.Varadharajalu, No.90, TVS 2nd Cross Street, TVS Annex, Korattur, Chennai-600 076 2.M.Vinupriya W/o.Gopinath, No.90, TVS 2nd Cross street, TVS Annex, Korattur, Chennai-600 076 3.M.Pannerselvam S/o. Murugesan, No.73, Lurthu Nagar, Kaja Nagar Post, New Airport, Trichy-620 023 Respondent(s) Tr.C.M.P.No.65 of 2025:

M.Srinivasan @ Siva Sreenivasaswamy S/o.G.Murugesan, Sri Mahanandhi Gurupeedam, Sivan Kovil Street, Thirukovilur Road, Aradapattu Village and Post606808 Tiruvanamalai District Petitioner(s) Vs 1.K.Swarupa W/o.Shyam Kumar, No.90 and 91, 2nd Street, TVS Nagar, R.S.Cross Street, Korattur, Chennai-600076 2.M.Paneerselvam S/o.Murugesan, No.73, Lurthu Nagar, Kaja Nagar Post, New Airport, Trichy-620023 Respondent(s) 3/10

PRAYER in Tr.CMP No.1388 of 2024:

Transfer Miscellaneous Petition filed under Section 24 CPC to withdraw the suit in O.S.No.1048 of 2023 from the file of the Subordinate Court, Ambattur and transfer the same to the file of the III Additional District and Sessions Court, Tiruvallur at Poonamallee, to be tired along with O.S.No.299 of 2021.

(Prayer amended vide order dated 06.01.2025 passed in Tr.C.M.P.No.1388 of 2024) PRAYER in Tr.CMP No.17 of 2025:

Transfer Miscellaneous Petition filed under Section 24 CPC to withdraw the suit in O.S.No.74 of 2023 from the file of the District Munsif Court, Ambattur and transfer the same to the file of the Subordinate Court, Ambattur, to be tried along with the suit in O.S.No.1048 of 2023.

PRAYER in Tr.CMP No.65 of 2025:

Transfer Miscellaneous Petition filed under Section 24 CPC to withdraw the suit in O.S.No.75 of 2023 from the file of the District Munsif Court, Ambattur and transfer the same to the file of the Subordinate Court, Ambattur, to be tried along with the suit in O.S.No.1048 of 2023.

Tr.CMP No.1388 of 2024:

For Petitioner(s):

Ms.D.Kamatchi For RR 3 and 4:

Mr.R.Gopinath 4/10

For R1:

Mr.A.Palaniappan Tr.CMP No.17 of 2025:

For Petitioner(s):

Ms.D.Kamatchi For RR 1 and 2:

For R3:

Mr.R.Gopinath Mr.A.Palaniappan Tr.CMP No.65 of 2025:

For Petitioner(s):

Ms.D.Kamatchi For R1:

For R2:

Mr.R.Gopinath Mr.A.Palaniappan COMMON ORDER Tr.C.M.P.No.1388 of 2024 has been filed to withdraw the suit in O.S.No.1048 of 2023 from the file of the Subordinate Court, Ambattur and transfer the same to the file of the III Additional District and Sessions Court, Tiruvallur at Poonamallee, to be tired along with O.S.No.299 of 2021.

2.

For the sake of convenience, the parties will be referred to by their names, respectively.

3.

M.Srinivasan @ Siva Sreenivasaswamy (petitioners in all 5/10

the petitions herein) is the first defendant in O.S.No.299 of 2021 pending on the file of the III Additional District and Sessions Court, Tiruvallur at Poonamallee. M.Paneerselvam and K.Shanthi are the elder brother and younger sister of M.Srinivasan @ Siva Sreenivasaswamy, respectively. V.Gopinath, M.Vinupriya and K.Swarupa are the third party purchasers of M.Srinivasan @ Siva Sreenivasaswamy.

4.

It is the case of M.Srinivasan @ Siva Sreenivasaswamy that his family properties were partitioned among him, his siblings and father and subsequently, he had bought some properties and sold some of his self-acquired properties to third parties. It is his further case that M.Paneerselvam with an intention to grab the entire property from him and his sister, has filed a suit in O.S.No.299 of 2021 before the III Additional District and Sessions Court, Thiruvallur at Poonamallee and he has also filed another suit in O.S.No.135 of 2021 on the file of the Subordinate Court, Poonamallee, which was transferred to the file of the Subordinate Court, Ambattur and renumbered as O.S.No.1048 of 2023. Further, it is his case that since M.Paneerselvam started disturbing his purchasers viz. V.Gopinath, M.Vinupriya and K.Swarupa, they have filed suits in O.S.No.74 of 2023 and O.S.No.75 of 2023 before the District 6/10

Munsif Court, Ambattur.

5.

The learned counsel appearing for the petitioner would submit that the parties in the aforesaid suits, cause of action, issues involved and subject matter of the properties are one and the same. Therefore, in order to avoid multiplicity of proceedings and conflicts in judgments, it is just and necessary to try all the suits in one Court. Hence, the suit in O.S.No.1048 of 2023 may be withdrawn from the file of the Subordinate Court, Ambattur and transferred to the file of the III Additional District and Sessions Court, Thiruvallur at Poonamallee, to be tired along with O.S.No.299 of 2021. He would further submit that he has filed a memorandum dated 25.09.2025 in Tr.C.M.P.Nos.17 & 65 of 2025 seeking transfer of the suits in O.S.Nos.

74 & 75 of 2023 from the file of the District Munsif Court, Ambattur, to the file of the III Additional District and Sessions Court, Thiruvallur at Poonamallee, since the prayer in Tr.C.M.P.No.1388 of 2024 has been amended vide order of this Court dated 06.01.2025. Therefore, the suits in O.S.Nos.

O.S.No.299 of 2021.

6.

The learned counsel appearing for the respondents would submit that the respondents have no objection in allowing these petitions. 7.

Taking into consideration the submissions made by the learned counsel on either side and also considering the multiplicity of proceedings pending between the parties, this Court is inclined to allow these petitions.

8.

Accordingly, these transfer civil miscellaneous petitions are ordered as follows:

➢The suit in O.S.No.1048 of 2023 is hereby withdrawn from the file of the Subordinate Court, Ambattur and transferred to the file of the III Additional District and Sessions Court, Tiruvallur at Poonamallee, to be tired along with O.S.No.299 of 2021.

➢The suits in O.S.Nos.74 & 75 of 2023 are hereby withdrawn from the file of the District Munsif Court, Ambattur and transferred to the file of the III Additional District and Sessions Court, Thiruvallur at Poonamallee, to be tired along with O.S.No.299 of 2021. No costs. Connected C.M.Ps. are closed.

8/10

25-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes nsd To 1.The Subordinate Judge, Ambattur 2.The District Munsif, Ambattur.

3.The III Additional District and Sessions Judge, Thiruvallur at Poonamallee 9/10

M.JOTHIRAMAN J.

nsd 25.09.2025 10/10