Dismissed¶41

Mr.P.R.K.B.Ernest and another v. Chitralekha and 2 others

Madras HC17 Dec 2025A/4036/2025

Case brief

AI extract

What is this about?

A No. 4036 of 2025; C.S.No.48 of 2025; transfer application; withdrawal and transfer of O.S.No.282 of 2024 from Principal District Judge, Dindigul to Madras High Court; joint trial; non-joinder/non-inclusion of defendants 3, 4 and 7; application not maintainable; dismissed as withdrawn with liberty to file fresh application; recovery claim of Rs.1,55,73,230/- with 6% interest from 06.06.2012 in C.S. prayer; Justice P. Dhanabal; order dated 17-12-2025.

What did the court decide?

Application dismissed as withdrawn with liberty to the applicants to file a fresh transfer application including all parties to O.S.No.282 of 2024. ¶41

Mr.P.R.K.B.Ernest and another Vs Chitralekha and 2 others — Madras HC (2025) — LawSathi Research

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A No. 4036 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17-12-2025

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CORAM

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THE HONOURABLE MR.JUSTICE P. DHANABAL

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A No. 4036 of 2025 AND

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CS NO. 48 OF 2025

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Mr.P.R.K.B.Ernest and another S/o.Late.Mr.P.R.K.Bhaskaran, No.5A/8, Sardar Patel Road, Adyar, Chenneia600 113. No.5A/8, Sardar Patel Road, Adyar, Ch-113

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Mr.Pranesh Bhaskar S/o.Mr.P.R.K.B.Ernest, No.5A/8, Sardar Patel Road Adyar, Chennai 600 113.

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Applicant(s)

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Chitralekha and 2 others W/o.Mr.D.S.A.Mahadevan, Residing at No.3362 AB, AF Block, 8th Block, Anna Nagar, Chennai-600040

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2.P.R.K.B.Srinivasan Deviah S/o.Late.Mr.P.R.K.Bhaskaran, Leo Coffee Grinding works, No.16, South Mada Street, Mylapore, Chennai-600004

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3.Mr.Venu Srinivasan C/o.Mr.P.R.K.B.Srinivasa Deviah, Leo Coffee Grinding works, No.16, South Mada Street, Mylapore, Chennai-600004

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Respondent(s)

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CS No. 48 of 2025

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

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A No. 4036 of 2025

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Chitralekha W/o.Mr.D.S.A.Mahadevan, Residing at No.3362 AB, AF Block, 8th Block, Anna Nagar, Chennai-600040

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Plaintiff(s)

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P.R.B.Srinivasan Deviah and 3 others S/o.Late.Mr.P.R.K.Bhaskaran, Leo Coffee Grinding works, No.16, South Mada Street, Mylapore, Chennai-600004

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2.Mr.P.R.K.B.Ernest S/o.Late.Mr.P.R.K.Bhaskaran, No.5A/8, Sardar Patel Road, Adyar, Ch-113

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3.Venu Srinivasan C/o.Mr.P.R.K.B.Srinivasa Deviah, Leo Coffee Grinding works, No.16, South Mada Street, Mylapore, Chennai-600004

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4.Pranesh Bhaskar S/o.Mr.P.R.K.B.Ernest, No.5A/8, Sardar Patel Road, Adyar, Ch-113

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Defendant(s)

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A No. 4036 of 2025

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PRAYER

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To withdraw and transfer the suit in O.S.No.282 of 2024 pending on the file Honble Principal District Judge, at Dindigul to this Honble Court and try thee same along with C.S.No.48 of 2025 pending before this Honble Court.

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CS No. 48 of 2025

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PRAYER

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a) Directing the 1st 2nd 3rd and 4th Defendant to pay jointly and severally the principal sum along with 6 percent per annum to the plaintiff on the principal sum together which totally amounts to Rs.1,55,73,230/- from 06.06.2012, till date of filing the suit b) ) Directing the 1st 2nd 3rd and 4th Defendants to pay future interest of 6 percent from the date of suit till the date of realisation or decree c) Cost of the suit

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

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A No. 4036 of 2025

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A For Applicant(s):	No. 4036 of 2025 M/s.P.Giridharan H.Siddarth C.Thiagarajan Kandeep Shravan M.Karthik R.Anand
For Respondent-1:	Mt.S. Ajay Francis Inigo
For Respondents 2 and 3	Mr. Prakash Goklaney

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ORDER

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Today after elaborate arguments this Court noticed that all the parties in the O.S.No.282 of 2024 pending on the file Principal District Judge at Dindigul have not been included as parties in the transfer application. The 3^rd , 4^th and 7^th defendants in the O.S.No.282 of 2024 are not included as parties in this present application. Therefore, this application is not maintainable without including them.

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At this juncture the learned counsel for the applicants sought permission of this Court to withdraw the application with liberty to file a fresh application by including all the parties and they have also made an endorsement to that effect. Since all the parties in O.S.No.282 of 2024 pending before the Principal District Judge at Dindigul have not been included as parties, this application cannot be disposed of on merits. Therefore, it would be appropriate to dismiss this application by granting liberty to the applicant to file fresh application by including all the parties.

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

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A No. 4036 of 2025

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