M/S.Madurai United Club v. M/S.Madurai United Club
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.06.2025
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN M/s.Madurai United Club represented through its Secretary S.Karthikeyan S/o.Sonaimuthu Office at No.32B, West Veli Street, Victoria Edward Hall Complex, Madurai - 625 001, residing at No.76, Sathya Sai Naar 1st Cross Street, T.V.S.Nagar, Madurai - 625 003 .. Petitioner/Plaintiff Vs.
1.M/s.Madurai United Club represented through its President K.Iyer, No.32B, West Veli Street, Victoria Edward Hall Complex, Madurai - 625 001.
2.K.Iyer 3.V.Karthikeyan ... Respondents/Defedants
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of the Code of Civil Procedure, to withdraw and transfer O.S.No.1179 of 2024, pending on the file of the I Additional Subordinate Court, Madurai, to be tried along with O.S.No.231 of 2024 on the file of the II Additional Subordinate Court, Madurai.
For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.A.Balaji for R1 to R3
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to withdraw and transfer O.S.No.1179 of 2024, pending on the file of the I Additional Subordinate Court, Madurai, to be tried along with O.S.No.231 of 2024 on the file of the II Additional Subordinate Court, Madurai. 2.The Secretary of the M/s. Madurai United Club filed this petition representing the above said club. The first respondent is the President of the above said Club. Due to some dispute between them in adhering the bye-laws, the petitioner filed two suits one in O.S.No.234 of 2024 on the file of the II Additional Sub Court, Madurai and another in O.S.No.1179 of 2024 on the file of
the I Additional Sub Court, Madurai. The learned counsel for the petitioner would submit that the issue in both suits are one and the same and parties also. Therefore, it is necessary to transfer one suit namely O.S.No.1179 of 2024 from the file of I Additional Sub Court, Madurai to the file of II Additional Sub Court, Madurai, to club the matter along with O.S.No.231 of 2024 and try the same. 3.The learned counsel for the respondents entered appearance and submitted that he has no objection to transfer the case. 4.Heard the learned counsel appearing for the learned counsel for the petitioner as well as the respondent and perused the materials available on records. 5.Considering the overall facts and circumstances of the case, this Court thought it fit to transfer the case in O.S.No.1179 of 2024 pending on the file of the I Additional Subordinate Court, Madurai to the file of II Additional Subordinate Court, Madurai and inclined to allow this petition.
6. The learned I Additional Subordinate Judge, Madurai, is hereby directed to transfer the entire records pertaining to the case, in O.S.No.1179 of
2024, to the file of the learned II Additional Subordinate Judge, Madurai, within a period of four weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned II Additional Subordinate Judge, Madurai, is directed to take the case on file, try the same along with O.S.No.231 of 2025 already filed by the petitioner and pending on his file and dispose of the case as expeditiously as possible in accordance with law. 7.Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs. 25.06.2025 Index :Yes/No Speaking Order :Yes/No :Yes/No TM To 1.The I Additional Subordinate Judge, Madurai. 2.The II Additional Subordinate Judge, Madurai.
K.K. RAMAKRISHNAN , J.
TM 25.06.2025