Allowed

S.P.Dinakaran, v. P.Kannappan @ Kannan

Madras HC4 Dec 2019CRP(MD)/2299/2018

Case brief

AI extract

What is this about?

The High Court allowed the civil revision petition, set aside the order of the District Judge which refused transfer, and ordered O.S. No. 253 of 2012 be transferred to the Subordinate Court, Uthamapalayam for joint trial with O.S. No. 33 of 2017.

What did the court decide?

Set aside the order refusing transfer; transferred O.S. No. 253 of 2012 to Subordinate Court, Uthamapalayam for joint trial with O.S. No. 33 of 2017 within four months; no costs.

S.P.Dinakaran, Vs P.Kannappan @ Kannan — Civil Procedure and Limitation | Madras HC (2019)

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C.R.P(MD) No.2299 of 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2019 CORAM:

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THE HONOURABLE MRS.JUSTICE R.THARANI

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C.R.P(MD) No.2299 of 2018 and C.M.P.(MD)Nos.10275 of 2018 and 7032 of 2019

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1.S.P.Dinakaran 2.Arunkumar ... Revision Petitioners/Petitioners Vs.

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1.P.Kannappan @ Kannan 2.C.S.P.Suresh Babu 3.C.S.P.Sasikumar ... Respondents /Respondents

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Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to reverse the decision of the lower Court rendered in Tr.O.P.No.9 of 2017 on the file of the learned District Judge, Theni, dated 31.08.2018 to allow the said Tr.O.P. as prayed for and thus allow the Civil Revision Petition with costs.

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For Petitioners :Mr. M.S.Balasubramania Iyer For R1 : Mr.R.Ganesan For R2 & R3 : No appearance

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ORDER

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The learned counsel for the petitioners as well as the learned counsel for the first respondent are present.

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On the side of the petitioners, it is stated that connected matter is pending before the District Munsif Court, Uthamapalayam and the same is to be transferred to the Subordinate Court, Uthamapalayam for trial along with O.S.No.33 of 2017.

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The reasons stated in the petition are satisfactory. The learned counsel for the first respondent has no serious objection.

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Hence, the order passed by the learned District Judge, Theni, in Tr.O.P.No.9 of 2017, dated 31.08.2018, is set aside. O.S.No.253 of 2012 is withdrawn from the file of the District Munsif Court, Uthamapalayam and is transferred to the file of the Subordinate Court, Uthamapalayam for joint trial with O.S.No.33 of 2017, pending before the Subordinate Court, Uthamapalayam forthwith.

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The Subordinate Judge, Uthamapalayam is directed to dispose of both the cases within a period of four months from the date of https://hcservices.ecourts.gov.in/hcservices/

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C.R.P(MD) No.2299 of 2018

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receipt of the entire bundle from the District Munsif Court, Uthamapalayam. Both the parties are directed to co-operate with the same.

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With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

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Assistant Registrar (co) // True Copy //

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Sub Assistant Registrar(CS)

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Ls To 1.The District Munsif Court, Uthamapalayam. 2.The District Judge, Theni. 3.The Subordinate Judge, Uthamapalayam.

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4.The Section Officer,(2 copies) VR Section, Madurai Bench of Madras High Court, Madurai.

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+1 CC to Mr.R.GANESAN, Advocate ( SR-103255[F] dated 04/12/2019 )

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C.R.P(MD) No.2299 of 2018 04.12.2019

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VB(19.12.2019) 2P 7C

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

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S.P.Dinakaran, v. P.Kannappan @ Kannan

Case brief

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S.P.Dinakaran, v. P.Kannappan @ Kannan

Case brief

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