Madras High CourtTR CMP(MD)/639/2023allowed

K.S.D.Sivaprasad v. A.K.Ahamed

2024-03-05Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2024 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN TR.CMP(MD).No.639 of 2023 and CMP(MD).No. 14239 of 2023 K.S.D.Sivaprasad ... Petitioner Vs.

1.A.K.Ahamed 2.Khairun Nisha Ahamed ... Respondents PRAYER:- Petition filed under Section 24 C.P.C., to withdraw the case in RLTOP.No.63 of 2023 pending on the file of the Additional District Munsif Court, Madurai and transfer the same to be tried along with RLTOP.No.62 of 2023 on the file of the Principal District Munsif, Madurai.

For Petitioner : Mr. R.G. Shankar Ganesh For Respondents : Mr.G.Aravinthan

O R D E R

This Transfer Civil Miscellaneous Petition is filed seeking to to withdraw the case in RLTOP.No.63 of 2023 pending on the file of the 1/4

Additional District Munsif Court, Madurai and transfer the same to be tried along with RLTOP.No.62 of 2023 on the file of the Principal District Munsif, Madurai.

2. This Transfer Civil Miscellaneous Petition is filed on the ground that in respect of the same property two different petitions filed by the petitioner and respondent herein and the same are pending before the two different Courts. In such circumstances, the petitioner herein has filed the present Transfer Petition to withdraw and transfer the RLTOP.No.63 of 2023 pending on the file of the Additional District Munsif Court, Madurai and transfer the same to the file of Principal District Munsif, Madurai to be tried along with RLTOP.No.62 of 2023.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. Considering the facts and circumstances, this Transfer CMP is disposed of and RLTOP.No.62 of 2023 pending on the file of the Principal District Munsif, Madurai is ordered to be withdrawn and transferred to the file of the Additional District Munsif Court, Madurai to 2/4

be tried along with RLTOP.No.63 of 2023 pending on the file of the Additional District Munsif Court, Madurai. The learned Principal District Munsif, Madurai is directed to transmit the entire records pertaining to the case in RLTOP.No.62 of 2023 to the transferee Court, within a week from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is also closed. 05.03.2024 Internet : Yes / No Index : Yes / No trp To 1.The Additional District Munsif Court, Madurai

2. The Principal District Munsif, Madurai.

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G.ILANGOVAN,J.

Trp TR.CMP(MD).No.639 of 2023 and CMP(MD).No. 14239 of 2023 05.03.2024 4/4