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Madras High CourtTR CMP(MD)/314/2024allowed

K.Pushpa v. D.John Francis

2024-09-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Pushpa ... Petitioner / Defendant / Plaintiff Vs.

1.D.John Francis ... 1st Respondent / Plaintiff / Defendant 2.J.Gladis Vasanthy ... 2nd Respondent / Third party / 2nd Defendant Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 read with Section 151 of CPC, to withdraw O.S.No.40 of 2020 on the file of District Munsif, Madurai Taluk and transfer it to the file of I Additional Sub Court, Madurai to be tried along along with O.S.No.279 of 2020.

For Petitioner : Mr.S.Manohar 1/4

For Respondents : Mr.Suriya Narayanan

ORDER

Heard both sides.

2.The petitioner in this Transfer Civil Miscellaneous Petition is the defendant in O.S.No.40 of 2020 on the file of the District Munsif Court, Madurai Taluk. She is the plaintiff in O.S.No.279 of 2020 on the file of First Additional Sub Court, Madurai. The schedule of the property in both the suits are one and the same. It is only just and proper they are tried together.

3.I therefore withdraw O.S.No.40 of 2020 from the file of District Munsif Court, Madurai Taluk and transfer the same to the First Additional Sub Court, Madurai for being tried jointly and along with O.S.No.279 of 2020. The suits shall be disposed of by the First Additional Sub Court, Madurai within a period of six months from the date of receipt of a copy of this order.

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4.This Transfer Civil Miscellaneous Petition is allowed on these terms. There shall be no order as to costs.

25.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Munsif, Madurai Taluk.

2.First Additional Sub Court, Madurai.

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G.R.SWAMINATHAN, J.

MGA Tr.C.M.P(MD)No.314 of 2024 25.09.2024 4/4