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Madras High CourtTR CMP(MD)/232/2016allowed

Visalakshi v. S.Kalyani,

2016-11-16Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.11.2016

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM Tr.C.M.P(MD)Nos.232 to 234 of 2016 and C.M.P.(MD).Nos.4570 to 4572 of 2016 Tr.C.M.P.No.232 of 2016:

1.Visalakshi 2.S.Nirmala ... Petitioners/Defendants 3& 4 Vs.

1.S.Kalyani 2.C.Mallika ... Respondents/Plaintiff/ 1st Defendant Transfer Civil Miscellaneous Petition is filed under Section 24(b)(ii) of Code of Civil Procedure to withdraw the suit in O.S.No.1496 of 1993 from the file of the III Additional Subordinate Judge, Madurai, and transfer the same to the file of the Principal District Judge, Dindigul.

For Petitioner : Mr.S.Subbiah For 1st Respondent : Mr.M.P.Senthil Tr.C.M.P.No.233 of 2016:

1.Visalakshi 2.S.Nirmala ... Petitioners/Plaintiffs Vs.

1.Nirmal Pharmaceutical Agencies, Rep. by its Partner, S.Kalyani, W/o.RM.Sathappan, No.75, Municipal Colony, Nehruji Nagar, Dindigul - 624 003.

2.S.Kalyani 3.C.Mallika 4.RM.Sathappan ... Respondents/Defendants

Transfer Civil Miscellaneous Petition is filed under Section 24(b)(ii) of Code of Civil Procedure to withdraw the suit in O.S.No.331 of 2005 from the file of the III Additional Subordinate Judge, Madurai, and transfer the same to the file of the Principal District Judge, Dindigul.

For Petitioner : Mr.S.Subbiah For 2nd Respondent : Mr.M.P.Senthil Tr.C.M.P.No.234 of 2016:

Visalakshi ... Petitioner/Plaintiff Vs.

1.S.N.S.Pharmaceuticals, Rep. by its Partner, RM.Sathappan, S/o.S.N.S.Ramasamy, No.75, Municipal Colony, Nehruji Nagar, Dindigul - 624 003.

2.RM.Sathappan ... Respondents/Defendants Transfer Civil Miscellaneous Petition is filed under Section 24(b)(ii) of Code of Civil Procedure to withdraw the suit in O.S.No.1742 of 2006 from the file of the Additional District Munsif, Madura Towni, and transfer the same to the file of the Principal District Judge, Dindigul.

For Petitioner : Mr.S.Subbiah For 2nd Respondent : Mr.M.P.Senthil COMMON ORDER The present Transfer Civil Miscellaneous Petitions are filed to transfer O.S.No.1496 of 1993 and 331 of 2005 pending on the file of the III Additional Subordinate Court, Madurai and O.S.No.1742 of 2006 pending on the file of the Additional District Munsif Court, Madurai Town to the file of Principal District Court, Dindigul.

2.The learned counsel for the petitioners represents that four suits are pending between the parties and all the suits are relating to the business transactions and in the event of conducting cases in different Courts it will create inconsistency. Further the documentary evidence in all the four suits are one and the same and in order to avoid inconsistency, the present

petitions are filed to transfer the suits pending on the file of III Additional Subordinate Court, Madurai and Additional District Munsif Court, Madurai Town to the file of Principal District Court, Dindigul.

3.The learned counsel for the 1st respondent in Tr.C.M.P.(MD) No.232 of 2016 and 2nd respondent in Tr.C.M.P.(MD) Nos.233 and 234 of 2016 fairly conceded that the issues as stated by the petitioners are correct and he has no objection for transferring the suits to Principal District Court, Dindigul. 4.In view of the above submissions, this Court is inclined to allow these petitions. Accordingly, these Transfer Miscellaneous Petitions are allowed and the suits in O.S.No.1496 of 1993 and 331 of 2005 pending on the file of the III Additional Subordinate Court, Madurai and O.S.No.1742 of 2006 pending on the file of the Additional District Munsif Court, Madurai Town are ordered to be transferred to the file of Principal District Court, Dindigul forthwith. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Principal District Judge, Dindigul.

2.The III Additional Subordinate Judge, Madurai.

3.The Additional District Munsif, Madurai Town.

+3 cc's to M/s.S.Subbiah, Advocate in SR.No. 69683 +1 cc to M/s.M.P.Senthil, Advocate in SR.No. 69621 sj CSL/PV/25.11.2016: 3P/8C Tr.C.M.P(MD)Nos.232 to 234 of 2016 and C.M.P.(MD).Nos.4570 to 4572 of 2016 16.11.2016