The court dismissed two applications seeking transfer of an original suit from an Assistant Civil Court to the High Court for joint trial. It ruled that the suits involved different issues and a transfer was unnecessary despite identical parties and subject property.
Applications for transfer of O.S. No. 3244 of 2022 to this Court stand dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CS NO. 907 of 2010
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-08-2025
CORAM
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN
A Nos.3301 & 3302 of 2025 in T.O.S.No.73 of 2024
R.Suseela
W/o.Mr.Rajendhran, No.267, 4th Cross Street, Sridevi Nagar, Thiruverkadu, Chennai - 600 077. and another
Applicants in both the applications
Vs
R.Revathi
W/o.Late Mr.Rajan, No.20, Nehru Street, J B Estate, Avadi, Chennai - 600 054.
and 2 Others
Respondents in both the applications
In both cases
For Applicant(s):
Mr.G.Murali
For Respondent(s):
Mr.N.Suresh
COMMON ORDER
Both the applications are related to withdrawal of O.S.No.3244 of
2022 now pending on the file of the VI Assistant City Civil Court, Chennai
to the file of this Court to be tried along with T.O.S.No.73 of 2024.
2. The plaintiffs in both the suits are the same, the defendants are the
same and the subject property is same. However, the suit before the City
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CS NO. 907 of 2010
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C.V. KARTHIKEYAN,J.,
Civil Court had been filed seeking permanent injunction restraining the defendants therein incidentally who are also the defendants in the Testamentary Original Suit from interfering with peaceful possession of the plaintiffs. The issues do not overlap.
3. In the Testamentary Original Suit, the plaintiff has to prove the Will in the manner known to law. In the suit before the City Civil Court, the only issue is as to who is in possession of the property. That could be decided independent of the issue to be framed in the Testamentary Original Suit. Hence, I find no ground to transfer O.S.No.3244 of 2022 now pending on the file of the VI Assistant City Civil Court, Chennai.
4. Therefore, these applications stand dismissed.
05-08-2025
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A Nos.3301 & 3302 of 2025 in T.O.S.No.73 of 2024
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3 issues framed by the court
Whether an order transferring an original suit from the Assistant Civil Court to the High Court is justified.
Whether the issues in the Testamentary Original Suit overlap with the possession issues in the City Civil Court suit.
Whether applications for transfer of suits to the High Court should be allowed.
R. Suseela and another
R. Revathi and 2 Others
C.V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
