Madras High CourtTR CMP(MD)/138/2020allowed

S.S.P.Anbalagan v. M/S.Sarash Agencies

2021-11-24Honourable Ms. Justice P.T. Asha2 pages

Tr.C.M.P.(MD) No.138 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Tr.C.M.P.(MD) No.138 of 2020 and C.M.P.(MD) No.2685 of 2020 S.S.P.Anbalagan ..Petitioner/1st Defendant -vs1.M/s.Sarash Agencies, Virudhunagar, (A registered Partnership Firm duly rep. by its Managing Partner) S.S.P.Mathiyalagan, Door No.156, Main Bazaar, Virudhunagar Municipal Town, Virudhunagar District.

2.S.S.P.Jimbo 3.S.S.P.Mathiyalagan 4.G.Manikandan 5.G.Vigneswaran 6.J.Balaji ..Respondent 1 to 6/Plaintiff 7.A.Banumathi 8.A.Venkateshprabu 9.V.Deepa Priyadharshini .. Respondents 7 to 9 / Defendant 2 to 4 Prayer :- Petition filed under Section 24(b)(ii) of the Code of Civil Procedure to withdraw the suit in O.S.No.187 of 2019 from the file of the IV Additional District Judge, Madurai and transfer the same to the file of the Additional District Judge, Virudhunagar. For Petitioner :

Ms.P.Jessi Jeeva Priya For R1 to R6 :

Mr.D.Nallathambi

ORDER

This petition has been filed by the petitioner/1st defendant to withdraw the suit in O.S.No.187 of 2019 from the file of the IV Additional District Judge, Madurai and transfer the same to the file of the Additional District Judge, Virudhunagar. 2.Learned counsel appearing for the petitioner would submit that the above suit may be transferred to the file of the Additional District Judge, Virudhungar to be tried along with O.S.No.38 of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Tr.C.M.P.(MD) No.138 of 2020 2019, which was filed by the petitioner herein. 3.Learned counsel appearing for respondents 1 to 6 would submit that respondents 1 to 6, who were the plaintiffs in the suit in O.S.No.187 of 2019 have no objection for the transfer of the proceedings pending now on the file of the IV Additional District Judge, Madurai to the file of the Additional District Judge, Virudhunagar.

4.Recording the submission made by the learned counsel for respondents 1 to 6, this Transfer Civil Miscellaneous Petition is allowed and the suit in O.S.No.187 of 2019 is transferred to the file of the Additional District Judge, Virudhunagar to be tried along with the suit in O.S.No.38 of 2019. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) abr Note:-In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The IV Additional District Judge, Madurai.

2.The Additional District Judge, Virudhunagar. +1 CC to M/s.D. NALLATHAMBI, Advocate ( SR-35977[F] dated 25/11/2021 +1 CC to M/s.P.JESSI JEEVA PRIYA, Advocate ( SR-35807[F] dated 25/11/2021 ) Tr.C.M.P.(MD) No.138 of 2020 Dated: 24.11.2021 TSK(CO) KB(08.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2