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Madras High CourtTR CMP(MD)/488/2019allowed

Minor.Surya v. M.Thangarathinam

2021-09-14Honourable Mr Justice A.D.Jagadish Chandira5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Tr.C.M.P.(MD) No. 488 of 2019 C.M.P.(MD)No.11373 of 2019

1. Minor. Surya

2. Minor. Naren Rep. by natural guardian- Mother V.Meena ... Petitioners Vs.

1. M.Thangarathinam

2. Dr.P.Sankari ... Respondents PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 r/w. Section 151 of the Code of Civil Procedure, to withdraw the proceedings pending in O.S.No.43 of 2018 from the file of the Principal District Court, Karur and transfer the same to the III Additional District and Sessions Court, Tiruchirapalli and try the same along with O.S.No.69 of 2017.

For Petitioners : Mr.K.Suresh For Respondents : Mr.Niranjan Kumar

O R D E R

The present Transfer Civil Miscellaneous Petition is filed to withdraw the proceedings pending in O.S.No.43 of 2018 from the file of the Principal District Court Karur and transfer the same to the III Additional District and Sessions Court, Tiruchirapalli and try the same along with O.S.No.69 of 2017.

2.The learned counsel for the petitioner would submit that the petitioners have filed O.S.No.43 of 2018 on the file of the Principal District Court, Karur seeking for injunction restraining the defendants in any manner alienating the suit property till the final adjudication of O.S.No.69 of 2017 on the file of the III Additional District and Sessions Court, Tiruchirapalli. He would further submit that the suit in O.S.No.69 of 2017 has been filed by the first respondent before the III Additional District and Sessions Court, Tiruchirapalli for partition. Several properties are common in both suits and thereby the decision in either of the suit will have a bearing in the other suit and hence in order to avoid multiplicity of proceedings and avoid conflicting judgments, the present petition has been filed seeking for transfer and joint trial. A Memo of Chart showing the common features in both the suits, has been filed for easy reference.

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Memo of Chart filed on behalf of the petitioners O.S.No.69 of 2017 on the file of III Additional District Sessions Court, Tiruchirapalli O.S.No.43 of 2018 on the file of the Principal District Court, Karur Remarks Status of Parties in Trs.O.P Petitioners are the defendants 2 to 4 in the suit Petitions are the Plaintiffs in the suit The 1st respondent in the Plaintiff in the suit The Respondents are defendants in the suit The 2nd respondent is the 1st defendant in the suit Nature of Relief Sought for Partition and for a direction to account Income from the suit properties Permanent injunction restraining the defendants from alienating the properties till the disposal of O.S.No.69 of 2/5

Common Properties to both suits Item No.1 Item No.2 Item No.3 Item No.4 Item No.5 Item No.6 Item No.7 Item No.8 Item No.9 Item No.10 Item No.11 Item No.12 Item No.13 Item No.14 Item No.15 Item No.16 Item No.17 Item No.18 Item No.19 Item No.20 Item No.21 Item No.22 Item No.23 Item No.24 Item No.25 Item No.26 Item No.27 Item No.28 Item No.29 Item No.30 Item No.31 Item No.32,33 Item No.34 Item No.35 Item No.36 Item No.37 Item No.51 Item No.58 Item No.20 Item No.21 and Item No.23,24,25 Item No.26,27,28 Item No.29 Item No.30,32, Item No.33,34 Item No.35 Item No.36 Item No.37 Item No.11 Item No.38 Item No.12 Item No.39 Item No.17 Item No.48 Item No.38 -- Item No.17 -- Item No.14 --- Item No.13 Item No.19 Item No.18 -- ---- --- Item No.55 Item No.

43,44,45,46 Item No.41,42 Item No.40,47 Item No.52,53,54 Item No.38 Item No.39 Item No.40-45 --- Item No.56,57 Item No.1,9a,2,4,6,7, 9 and 59 3/5

Properties not covered under Common category S.F.No.1234 S.F.No.1253 S.F.No.298 S.F.No.146 S.F.No.425 S.F.No.1361,1366 /1 S.F.No.108/1,3 S.F.No.624 S.F.No.414/3 S.F.No.483/4 482/1,469/1A S.F.Nos.285/2,3, 4,5,7 and 286/2 S.F.Nos.293 Issue between parties Plaintiff claims partition on the basis of inheritance contesting S.F.Nos.843/1C,84 4/9B, 844/8B,844/9C& 844/6 Plaintiff claims permanent injunction on the basis of a title derived through Will Defendant resisting claim on basis of Will It has been contested by the defendants that Will is forged one

3. The learned counsel for the respondents would submit that though reliefs sought for are different, it is admitted that most of the properties overlap in both cases. He would further submit that the respondents have no objection in the case now pending on the file of the Principal District Court, Karur being transferred to the file of the III Additional District and Sessions Court, Tiruchirapalli. He would also submit that the suit filed by the first respondent in O.S. No.69 of 2017 is for larger extent and thereby the case has to be necessarily transferred to the file of the III Additional District and Sessions Court, Tiruchirapalli. He would further submit that the first respondent is aged about 70 years and thereby a direction may be issued to the III Additional District and Sessions Court, Tiruchirapalli for speedy disposal of the case.

4.Considering the facts and circumstances of the case and also considering the submission made by the learned counsel appearing on either sides, the suit in O.S.No.43 of 2018 is withdrawn from the file of the Principal District Court, Karur and transferred to the file of III Additional District and Sessions Court, Tiruchirapalli to be tried along with O.S.No.69 of 2017 pending on its file for disposal as per law.

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5. The Principal District Court, Karur is directed to transmit the papers in O.S.No. 43 of 2018 pending on its file to the file of the III Additional District and Sessions Court, Tiruchirapalli, forthwith. The III Additional District and Sessions Court, Tiruchirapalli, is directed to dispose both the suits in O.S.No.43 of 2018 and O.S.No.69 of 2017 on merits and in accordance with law as expeditiously as possible.

6.In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) aav Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Principal District Judge The Principal District Court, Karur.

2. The III Additional District and Sessions Judge The III Additional District and Sessions Court, Tiruchirapalli +1 CC to M/s.NIRANJAN S KUMAR, Advocate ( SR-29153[F] dated 15/09/2021 ) Tr.C.M.P.(MD) No. 488 of 2019 C.M.P.(MD)No.11373 of 2019 14.09.2021 ES(CO) KB(23.09.2021) 5P 4C 5/5