Allowed

N.Pitchai Naicker, v. S.v.Ingarsoill

Madras HC22 Apr 2015TR CMP(MD)/197/2014

Case brief

AI extract

What is this about?

The Madurai Bench enforced a transfer of O.S.No.92 of 2013 from Keeranur to the Tiruchirappalli court to be tried jointly with O.S.No.568 of 2013. This prevents conflicting decisions on identical issues regarding properties in Pudukottai and Tiruchirapalli.

What did the court decide?

O.S.No.92 of 2013 withdrawn and transferred to III Additional District Munsif, Tiruchirapalli; DIstirff Munsif directed to send bundles.

N.Pitchai Naicker, Vs S.v.Ingarsoill — Property and Title | Madras HC (2015)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 22.04.2015

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CORAM

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THE HONOURABLE MS.JUSTICE V.M.VELUMANI

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Tr.C.M.P(MD)No.197 of 2014

and

M.P(MD)No.1 of 2014

N.Pitchai Naicker

... Petitioner

Vs.

1.S.V.Ingarsoll

2.S.V.Baskar

... Respondents

Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to withdraw O.S.No.92 of 2013 on the file of the District Munsif, Keeranur, Pudukottai District and transfer the same to the file of Third Additional District Munsif, Tiruchirapalli.

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For Petitioner : Mr.M.Ashok Kumar

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For Respondents : Mr.J.Maria Roseline

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ORDER

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The Transfer Civil Miscellaneous Petition is filed to withdraw O.S.No.92 of 2013 on the file of the District Munsif, Keeranur, Pudukottai District and transfer the same to the file of Third Additional District Munsif, Tiruchirapalli to be tried along with O.S.No.568 of 2013.

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2.The petitioner has filed a suit in O.S.No.568 of 2013 before the III Additional District Munsif, Tiruchirapalli for permanent injunction in respect of two properties. The second item of property is at Pudukottai and other property situated at Tiruchirapalli.

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3.The first respondent filed O.S.No.92 of 2013 before the District Munsif Keeranur for permanent injunction in respect of the property situated at Pudukottai. The respondents are residing at Tiruchirappalli.

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4.Heard the learned counsel appearing for the petitioner and for the respondents. The learned counsel for the respondents has https://hcservices.ecourts.gov.in/hcservices/ no objection for allowing the petition.

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5.The issue involved in both the suits are one and the same. In order to avoid conflicting of decisions and interest of justice, the petitioner is prayed for transfer of the suit in O.S.No.92 of 2013 on the file of the District Munsif, Keeranur, Pudukottai District to the file of the III Additional District Munsif, Tiruchirapalli to be tried along with O.S.No.568 of 2013.

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Accordingly, this Transfer Civil Miscellaneous Petition is allowed and O.S.No.92 of 2013 on the file of the District Munsif, Keeranur, Pudukottai District is hereby withdrawn and transferred to the file of the III Additional District Munsif, Tiruchirapalli to be tried along with O.S.No.568 of 2013, if the same is not yet disposed of. The learned District Munsif, Keeranur is directed to send the case bundles to the Court of the III Additional District Munsif, Tiruchirapalli, immediately. The Registry is also directed to send back the papers that are pending before the Registry. No costs. Consequently, M.P(MD)No.1 of 2014 is closed.

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Sd/-

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Assistant Registrar(AS)

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/True Copy/

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Sub Assistant Registrar

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1.The District Munsif, Keeranur.

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2.The III Additional District Munsif, Tiruchirapalli.

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+1cc to Mr.M.Ashok Kumar, Advocate Sr.No.21660

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+1cc to Mr.J.Maria Roseline,Advocate Sr.No.21012 am

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AA/08.05.2015/2p -5c/

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Tr.C.M.P.(MD)No.197 of 2014

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22.04.2015

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https://hcservices.ecourts.gov.in/hcservices/

N.Pitchai Naicker, v. S.v.Ingarsoill

Case brief

What is this about?

What did the court decide?

N.Pitchai Naicker, v. S.v.Ingarsoill

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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