Allowed

S.Venkatesh @ Adhiyaman v. Kanakavalli

Madras HC27 Feb 2024TR CMP/310/2022

Case brief

AI extract

What is this about?

Transfer petition to withdraw a suit from District Munsif Court at Tambaram and transfer it to the Principal District Court at Chengalpet for joint trial with another suit over the same property. The Court allowed the transfer under Section 24 CPC to avoid conflicting decisions.

What did the court decide?

O.S.No.61 of 2021 withdrawn from District Munsif Court, Tambaram and ordered to be transmitted to Principal District Court, Chengalpet within two weeks for joint trial with O.S.No.327 of 2021.

S.Venkatesh @ Adhiyaman Vs Kanakavalli — Property and Title | Madras HC (2024)

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Tr.C.M.P.No.310 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 27.02.2024

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C O R A M

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THE HONOURABLE MRS.JUSTICE J.NISHA BANU

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Tr.C.M.P.No.310 of 2022 and C.M.P.No.6303 of 2022

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1.S.Venkatesh @ Adhiyaman

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2.V.Krishna ...Petitioners

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1.Kanakavalli

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2.Dhanalakshmi

3.Ramabai

4.M.E.Govindarajan

5.M.E.Haridasan

6.The Sub-Registrar, Selaiyur Sub-Registrar's Office East Tambaram, Chennai – 59

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7.The District Registrar, South Chennai Registration District, Having office at Saidapet, Chennai ... Respondents

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Page NO:1/5

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P.No.310 of 2022

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Prayer: Petition filed under Section 24 of the Code of Civil Procedure to withdraw the suit pending in O.S.No.61 of 2021 from the file of District Munsif Court at Tambaram and transfer the same to the file of Principal District Court Chengalpet and tried along with suit in O.S.No.327 of 2021 on the file of the Principal District Court at Chengalpet.

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For Petitioner : Mr.T.N.Rajagopalan For Respondents : No appearance for R1 to R4 R5-Died Dr.S.Suriya for R6 and R7 Additional Government Pleader

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O R D E R

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In order to withdraw the suit pending in O.S.No.61 of 2021

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from the file of District Munsif Court at Tambaram and transfer the same to

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the file of Principal District Court Chengalpet and to be tried along with suit in O.S.No.327/2021 on the file of the Principal District Court at Chengalpet, the present Transfer Civil Miscellaneous Petition is filed.

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O.S.No.61 of 2021 pending on the file of the

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District Munsif Court at Tambaram is in respect of the property comprised in S.No.278/1A, which is also the

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subject matter of suit in O.S.No.327 of 2021 and the same is pending on the file of the Principal District Court at Chengalpet.

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Page NO:2/5

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P.No.310 of 2022

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According to the learned counsel appearing for the petitioner, both the suits i.e., O.S.No.61 of 2021 and O.S.No.327 of 2021 pertain to the same suit property and hence, the suit in O.S.No.61 of 2021 pending on the file of District Munsif Court at Tambaram may be transferred to the file of the Principal District Court at Chengalpet to be tried along with suit in O.S.No.327of 2021 for joint trial.

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4.In a similar case of this nature filed before this Court in Mrs.Meena Bai and others vs. Mrs.Sarojammal and others in Tr.C.M.P.No.246 of 2015 dated 21.07.2015, this Court by exercising suo moto power under Section 24(1)(a) of CPC held that a suit or proceeding may be transferred under Section 24 of CPC, to avoid conflicting decisions on administrative grounds.

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That being so, when suit in O.S.No.61 of 2021 and O.S.No.327 of 2021 pertain to the same suit property and the subject matter

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in both the suits are one and the same, this Court deems it fit to withdraw the suit pending in O.S.No.61 of 2021 from the file of District Munsif Court at Tambaram and transfer to Principal District Court at Chengalpet to avoid conflicting decisions. Therefore, the learned District Munsif Court at

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Page NO:3/5

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P.No.310 of 2022

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Tambaram is directed to transmit the entire records pertaining to the suit in

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O.S.No.61 of 2021 to the transferee Court within a period of two(2) weeks

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from the date of receipt of a copy of this order.

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Accordingly, the Transfer C.M.P stand allowed. No costs.

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Consequently, connected Miscellaneous Petition is also closed.

27.02.2024

msv

1.The District Munsif Court, Tambaram

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2.The Principal District Court, Chengalpet.

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Page NO:4/5

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https://www.mhc.tn.gov.in/judis

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Tr.C.M.P.No.310 of 2022

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J.NISHA BANU,J.

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msv

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Tr.C.M.P.No.310 of 2022 and C.M.P.No.6303 of 2022

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27.02.2024

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Page NO:5/5

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https://www.mhc.tn.gov.in/judis

S.Venkatesh @ Adhiyaman v. Kanakavalli

Case brief

What is this about?

What did the court decide?

S.Venkatesh @ Adhiyaman v. Kanakavalli

Case brief

What is this about?

What did the court decide?

What the court decided

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