M.Subramanian v. M.Ramakrishnan (Died) 1.Krishnammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2026

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.19646 of 2025 1.M.Subramanian 2.S.Dhanabakiyam 3.S.Silambarasan 4.S.Vigneshwaran ... Petitioners/ Defendants 1-4 Vs.

M.Ramakrishnan (Died) ... ---/1st Plaintiff 1.Krishnammal 2.Bharathi 3.R.Dhiraviyam 4.Mahendran ... Respondents 1-4/ Plaintiffs 2-5 5.K.Prema ... 5th Respondent/ 5th Defendant 1/6

Prayer : This Transfer Civil Miscellaneous Petition filed under Section 24 C.P.C., to withdraw the suit in O.S.No.352 of 2022 on the file of the Additional District Judge, Madurai and the same may be transferred to the file of V Additional District Judge, Madurai to try along with the suit in O.S.No.140 of 2025 on the file of the V Additional District Judge, Madurai or as pleased by this Court.

For Petitioners : Mr.S.Chandrasekaran For Respondents : Mr.V.Karthikeyan for R1 to R4 No appearance for R5

ORDER

The Transfer Civil Miscellaneous Petition is filed to withdraw the case in O.S.No.352 of 2022 on the file of the VI Additional District Court, Madurai, and transfer the same to the file of the V Additional District Court, Madurai to try along with the suit in O.S.No.140 of 2025.

2. When the matter is taken up today, there is no representation for the fifth respondent.

3. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents 1 to 4. 2/6

4. It is not in dispute that one Ramakrishnan as sole plaintiff filed the suit in O.S.No.352 of 2022 seeking partition and the same is pending on the file of the VI Additional District Court, Madurai and pending suit, the sole plaintiff had died and his legal heirs, the respondents 1 to 4 herein were impleaded. It is also not in dispute that the respondents 1 to 4 filed another suit in O.S.No.140 of 2025 seeking declaration and permanent injunction and also to declare that settlement deeds are invalid and not binding on them and the same is pending on the file of the V Additional District Court, Madurai.

5. The learned counsel on either side would submit that the parties in both the suits and also the properties involved in both the suits are one and the same.

6. The learned counsel appearing for the respondents 1 to 4 would submit that they are not having objections to transfer the suits either to the V Additional District Court, Madurai or to the VI Additional District Court, Madurai.

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7. Considering the above facts and circumstances, this Court is of the view that the case in O.S.No.140 of 2025 is ordered to be withdrawn from the file of the V Additional District Court, Madurai, and transfer the same to the file of the VI Additional District Court, Madurai. Accordingly, the learned V Additional District Judge, Madurai, is hereby directed to transmit the entire records in O.S.No.140 of 2025 to the file of the VI Additional District Court, Madurai, within a period of 10 days from the date of receipt of a copy of this order and on receiving the case records, the learned VI Additional District Judge, Madurai, is directed to take up the suits and proceed in accordance with law.

8. With the above direction, the Transfer Civil Miscellaneous Petition is allowed. Consequently, connected Miscellaneous Petition is closed. No costs.

16.04.2026 NCC :yes/No Index :yes/No Internet:yes/No csm 4/6

To

1. The VI Additional District Judge, Madurai.

2. The V Additional Distrct Judge, Madurai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in and C.M.P.(MD)No.19646 of 2025 Dated : 16.04.2026 6/6