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Madras High CourtTR CMP(MD)/328/2025allowed

Pothuraja v. Arulmigu Maalai Kovil, Usilampatti Village

2025-07-21Honourable Mr Justice K.K. Ramakrishnan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2025

CORAM

THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.328 of 2025 and C.M.P.(MD)No.8870 of 2025 Pothuraja ... Petitioner/Appellant Vs.

1.V.Chandran 2.M.Periyaampillai 3.P.Subramani 4.V.Muthuraja 5.R.Krishnan ... Respondents 1 to 5/ Respondents 1 to 5 Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw and transfer A.S.No.56 of 2023 pending on the file of the II Additional Subordinate Court, Madurai, and to be tried along with A.S.No.18 of 2023 pending on the file of the Principal Subordinate Court, Madurai.

For Petitioner : Mr.S.Ramakrishnan For Respondents : Mr.M.R.Sreenivasan

ORDER

The present Transfer Civil Miscellaneous Petition has been filed to withdraw the proceedings in suit in A.S.No.56 of 2023 on the file of the II Additional Subordinate Court, Madurai, and to be tried along with A.S.No.18 of 2023 pending on the file of the Principal Subordinate Court, Madurai.

2. The learned counsel for the petitioner would submit that the petitioner has preferred two appeal suits in A.S.Nos.18 of 2023 on the file of the Principal Subordinate Court, Madurai, and A.S.No.56 of 2023 on the file of the II Additional Subordinate Court, Madurai, challenging the judgement and decree passed by the District Munsif Court, Vadipatti, Madurai District, in O.S.No.202 of 2013 dated 09.01.2023 and and O.S.No. 317 of 2008 dated 15.02.2023. The issue involved in both the suits is one and the same and both are interconnected with all aspects. To avoid conflict of judgments, he seeks to allow the petition.

3. The learned counsel for the respondents on instructions and also upon perusal of the learned trial Judge and the grounds raised by the learned counsel for the petitioner that the issue involved in both the cases is one and the same and to avoid conflict of judgment, the same has to be tried along together.

4. This Court considered the rival submissions and perused the materials available on record.

5.Considering the issue involved in both the suits is one and the same and both are interconnected with all aspects and both the learned counsel appearing on behalf of the parties also agreed to transfer, this Court thought it fit to transfer the case in A.S.No.56 of 2023 pending on the file of the II Additional Subordinate Court, Madurai, to the file of the Principal Subordinate Court, Madurai.

6. The learned II Additional Subordinate Court, Madurai, is hereby directed to transfer the entire records pertaining to the case, in A.S.No.56 of 2023, to the file of the Principal Subordinate Court, 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 Principal Subordinate Court, Madurai, is directed to take the case on file and try the same along with A.S.No.18 of 2023, which was already filed by the petitioner and dispose of the cases 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. 21.07.2025 Index :Yes/No Speaking Order :Yes/No :Yes/No dss

To 1.The II Additional Subordinate Court, Madurai.

2.The Principal Subordinate Court, Madurai.

K.K. RAMAKRISHNAN, J.

dss Tr.CMP.(MD)No.328 of 2025 and C.M.P.(MD)No.8870 of 2025 21.07.2025