Petition filed to withdraw and transfer O.S.No.243 of 2011 from District Munsif Court, Ambattur to III Additional District and Sessions Judge, Tiruvallur at Poonamallee for joint trial with O.S.No.60 of 2017 regarding same property.
Petition allowed; O.S.No.243 of 2011 withdrawn and transferred; transfer to be disposed by 31.03.2019.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2018
CORAM
THE HONOURABLE MR. JUSTICE R.PONGIAPPAN
Tr.C.M.P.No.454 of 2017 and C.M.P.No.9285 of 2017
A.Kunjammal .. Petitioner
versus 1.T.Francis Raj Kumar 2.M.Srinivasan 3.S.Thangam .. Respondents
Prayer: Petition is filed under Section 24 of C.P.C., to withdraw O.S.No.243 of 2011 pending on the file of the District Munsif Court, Ambattur, Tiruvallur District and transfer the same to the file of the III Additional District and Sessions Judge, Tiruvallur at Poonamallee, to be tried along with the suit in O.S.No.60 of 2017 pending on its file.
For Petitioner : Mr.K.A.Mariappan For Respondents : No Appearance O R D E R
This Transfer Civil Miscellaneous Petition has been filed under Section 24 of the Code of Civil Procedure to withdraw O.S.No.243 of 2011 pending on the file of the District Munsif Court, Ambattur, Tiruvallur District and transfer the same to the file of the III Additional District and Sessions Judge, Tiruvallur at Poonamallee, to be tried along with the suit in O.S.No.60 of 2017 pending on its file.
transmit all the records pertaining to O.S.No.243 of 2011 to the file of the III Additional District and Sessions Judge, Tiruvallur at Poonamallee, within a period of two weeks from the date of receipt of a copy of this order. On receipt of records, the learned III Additional District and Sessions Judge, Tiruvallur at Poonamallee, is directed to dispose of the case as expeditiously as possible not later than 31.03.2019. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
sri
To
1.The District Munsif Court,
Ambattur, Tiruvallur District.
2.The III Additional District and
Sessions Judge, Tiruvallur,
Poonamallee.
Tr.C.M.P.No.454 of 2017
and C.M.P.No.9285 of 2017
SSI(CO)
GMY(23/01/2019)
3 issues framed by the court
Whether O.S.No.243 of 2011 should be withdrawn and transferred to be tried jointly or simultaneously along with O.S.No.60 of 2017.
Whether service of notice on second respondent is necessary given his exparte status in the underlying suit.
Whether there is reasonable cause for transfer to prevent conflicting judgments and multiplicity of proceedings.
1 provisions across 1 enactments
A.Kunjammal
T.Francis Raj Kumar
M.Srinivasan
S.Thangam
R.Pongiappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
