← Library
Madras High CourtTR CMP(MD)/724/2022allowed

Rajathi, v. M. Kathirvel,

2023-06-19Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD) Nos.11484 of 2022 & 4756 of 2023 1.Rajathi 2.Saraswathi ... Petitioners in both TR.C.M.Ps.

Vs.

1.Kathirvel ... 1st Respondent in TR.C.M.P.(MD)No.724/22 & 3rd Respondent in TR.C.M.P.(MD)No.221/23 2.Sakthi ... 1st Respondent in TR.C.M.P.(MD)No.221/23 3.A.P.Kandasamy ... 2nd Respondent in both Tr.C.M.Ps.

4.Kannan 5.The Tahsildar, Madurai West Taluk, Madurai District, Office at Madurai - Theni Road, Virattipathu Madurai District.

Page No. 1 of 6

6.The Revenue Divisional Officer, Madurai Revenue Division, Office at Collectorate Buildings, Gandhi Nagar, Madurai - 625 020.

7.The State of Tamil Nadu Represented through its District Collector, Madurai Office at Collectorate Buildings, Gandhi Nagar, Madurai - 625 020.

... 3rd to 6th Respondents in TR.C.M.P.(MD)No.724/22 Transfer Civil Miscellaneous Petitions filed under Section 24 r/w. Section 151 of the Code of Civil Procedure, 1908, to withdraw O.S.No.71 of 2022 and O.S.No.84 of 2017 from the Additional District Munsif Court, Thirumangalam and transfer the same to the Sub Court, Thirumangalam to be tried along with O.S.No.232 of 2022. For Petitioners in both Tr.C.M.Ps.

: Mr.R.G.Shankar Ganesh For R1 to R3 in TR.C.M.P.(MD)No.221/23 & For R1 & R2 in TR.C.M.P.(MD)No.724/22 : Mr.G.Sakthi Rao For R3 in TR.C.M.P.(MD)No.724/22 : No appearance For R4 to R6 in TR.C.M.P.(MD)No.724/22 : Mr.S.Kameswaran Government Advocate Page No. 2 of 6

C O M M O N O R D E R By this common order, both the Transfer Civil Miscellaneous Petitions are being disposed of.

2. These Transfer Civil Miscellaneous Petitions have been filed to transfer O.S.No.71 of 2022 and O.S.No.84 of 2017 from the Additional District Munsif Court, Thirumangalam to the Sub Court, Thirumangalam for being tried along with O.S.No.232 of 2022.

3. O.S.No.84 of 2017 was filed by the first petitioner before the District Munsif Court, Thirumangalam. O.S.No.71 of 2022 was filed by one M.Kathirvel, the first respondent in TR.C.M.P.(MD)No.724 of 2022 and the third respondent in TR.C.M.P.(MD)No.221 of 2023 and P.Kandasamy, the second respondent in both Transfer Civil Miscellaneous Petitions. O.S.No.232 of 2022 was filed by the second petitioner.

4. It is submitted that all three above suits pertain to the same property and each of them prays for declaration and injunction against each other.

Page No. 3 of 6

5. Considering the above, I am inclined to allow these Transfer Civil Miscellaneous Petitions. Both O.S.No.71 of 2022 and O.S.No.84 of 2017 are directed to be transferred from the Additional District Munsif Court, Thirumangalam to the Sub Court, Thirumangalam for being tried along with O.S.No.232 of 2022 filed by the second petitioner.

6. The Sub Court, Thirumangalam shall dispose of all three suits jointly, as expeditiously as possible, preferably, within a period of 9 months from the date of receipt of a copy of this order.

7. Accordingly, these Transfer Civil Miscellaneous Petitions are allowed. No cost. Consequently, connected Miscellaneous Petitions are closed.

19.06.2023 NCC : Yes / No Internet: Yes/No Index: Yes/ No jen Page No. 4 of 6

To

1. The Additional District Munsif Court, Thirumangalam.

2.The Sub Court, Thirumangalam.

3.The Tahsildar, Madurai West Taluk, Madurai District, Office at Madurai - Theni Road, Virattipathu Madurai District.

4.The Revenue Divisional Officer, Madurai Revenue Division, Office at Collectorate Buildings, Gandhi Nagar, Madurai - 625 020.

5.The District Collector, Madurai, Office at Collectorate Buildings, Gandhi Nagar, Madurai - 625 020.

Page No. 5 of 6

C.SARAVANAN, J.

jen and C.M.P.(MD) Nos.11484 of 2022 & 4756 of 2023 19.06.2023 Page No. 6 of 6