M.Murugan v. Abraham Reggie Kurian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2019 C O R A M THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TR C.M.P. No.868 of 2018 and C.M.P.No.21428 of 2018 M.Murugan ... Petitioner Vs.

1. K.Abraham Rggie Kurian

2. K.K.Ravi ... Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C., to withdraw and transfer the O.S.No.178 of 2017 pending on the file of the Subordinate Court at Pollachi, to be tried along with O.S.No.442 of 2014 pending on the file of the II Additional District Court, Coimbatore. For Petitioner : Mr.P.Saravanan For Respondent : Mr.K.V.Sajeev kumar *****

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw and transfer the suit in O.S.No.178 of 2017 pending on the file of the Subordinate Court at Pollachi, to be tried along with O.S.No.442 of 2014 pending on the file of the II Additional District Court, Coimbatore.

2. The case of the petitioner is that the petitioner has filed a suit in O.S.No.178 of 2017 before the Sub Court, Pollachi seeking permanent injunction restraining the defendants, their friends for relatives, henchmen, from obstructing the plaintiff's peaceful possession and cultivation and enjoyment of the suit property in respect of S.F.No.1/3B with an extent of 40 Acre in Anamalai Hills, Village, Valaparai, Coimbatore Revenue District, with the same schedule of property which is shown in O.S.No.442 of 2014 in respect of S.F.No.1/3B with an extent of 40 Acre in Anamalai Hills and Villag6e, Valaparai, Coimbatore Revenue District which is pending before the III Additional District Court, Coimbatore.

3. In the meanwhile, one R.K. Plantation, represented By its partner Z.K.Eipe and K.A.Iype and Dr.Maya Philip, has filed a suit in O.S.No.442 of 2014, before the III Additional District Court, Coimbatore, claiming declaration of suit property in respect of S.F.No.1/3B, with an extent of 40 Acre in Anamalai Hills, Village, Valaparai, Coimbatore Revenue District.

4. The learned counsel for the petitioner would submit that the suits filed by both the parties are inextricably interlinked and a joint trial of the matter would be necessary to avoid duplication and a comprehensive solution to the disputes.

5. The learned counsel for the respondents would submit that time limit can be fixed for speedy trial as the suit in OS. No.442 of 2014 is pending from the year 2014.

6. Heard the learned counsel for the petitioner as well as the respondents and also perused the materials available on record.

7. This Court is of the opinion that since both the suits are interconnected and Joint trial would meet ends of justice and also avoid conflicting judgments. The learned counsel for the respondent also does not have any serious objection for joint trial of the suits. His request only for a early disposal of the both suits.

8. Considering the fact that the suit is pending from the year 2014, this Court is inclined to withdraw the suit in O.S.No.178 of 2017 on the file of the Subordinate Court, Pollachi and transfer the same to the file of the II Additional District Court, Coimbatore, to be tried along with the suit in O.S.No.442 of 2014.

9. Accordingly, the suit in O.S.No.178 of 2017, pending on the file of the Subordinate Court, Pollachi, is withdrawn and transferred to the file of II Additional District Court, Coimbatore to be tried along with O.S.No.442 of 2014. The learned II Additional District Judge, Coimbatore is directed to dispose of the case within a period of nine months from the date of receipt of a copy of this order.

10. The Transfer Civil Miscellaneous Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar

rli To 1.The Subordinate Judge, Pollachi 2.The II Additional District Judge, Coimbatore.

+1cc to Mr.K.V.Sajeevkumar, Advocate SR.81391 TR C.M.P. No.868 of 2018 and C.M.P.No.21428 of 2018 NMI(CO) CB(15/11/2019)