Pushparani Vs Velmurugan

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Tr.CMP.(MD)Nos.152 & 262 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.07.2025

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CORAM

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THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)Nos.152 & 262 of 2025 and C.M.P.(MD)Nos.3871 & 6989 of 2025

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Tr.C.M.P.(MD).No.152 of 2025 Pushparani .. Petitioner/16^th Defendant Vs. 1.Velmurugan ... 1^st Respondent/Plaintiff

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Rakkammal (Died)

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2.M.Thirumalairajan 3.M.Mohan 4.M.Amutha 5.M.Anbuselvi 6.P.Jeyandra Pandian 7.U.Venkatachala Kumar 8.A.P.Ganapathy 9.K.M.Kannan 10.E.M.S.Sukumaran 11.S.Balasubramanian 12.N.Parasakthi 13.The Sub Registrar, Office of the Sub Registrar, Thamaraipatti, Office at Thirumohour Road, Rajagambeeram, Y.Othakadai, Madurai District.

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

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Tr.CMP.(MD)Nos.152 & 262 of 2025

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14.The Sub Registrar, Office of he Sub Registrar, Chittampatti, Office at Melur Road, Madurai District.

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15.The District Registrar, Madurai North, Office of the District Registrar, Thirumohour Road, Rajagambeeram, Y.Othakadai, Madurai District.

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... Respondents 2 to 15/Defendants 2 to 15

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16.V.Subha 17.Santhi 18.K.Matcharaja 19.Shyamala 20.Gayathiri 21.K.Veeranan 22.C.Murugan 23.Srividhya 24.Venkatakrishnan 25.Mariyajoseph 26.Jeya 27.B.Saravanakumar 28.Vijayakumar 29.Vijayalakshmi 30.Radhika Aravindkumar 31.Jeyaraj 32.S.Balasubramanian 33.R.Latharamalakshmi 34.Sundar 35.Suresh 36.Vasuki 37.Poongodi 38.Janasumal Finance, Thro its Branch Manager, D.No.10, Krishnapuram, Madurai Managaram, Madurai District. https://www.mhc.tn.gov.in/judis

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Tr.CMP.(MD)Nos.152 & 262 of 2025

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39.The President, Kallanthiri Village Panchayat, Madurai East Taluk, Madurai District.

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40.The Assistant Engineer, TANGEDCO, Alagarkovil Office, Madurai East Taluk, Madurai District.

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41.The Block Development Officer, Madurai East Panchayat Union, Madurai East Taluk, Madurai District.

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... Respondents 16 to 41

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(Respondents 16 to 41 are impleaded as per the order of this Court dated 14.03.2025 made in CMP.(MD).No.4317 of 2025 as party to the proceedings)

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w Section

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151 of the Code of Civil Procedure, to withdraw the suits in O.S.No.358 of 2014 and

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counter claim petition in C.C.P.No.10 of 2022 on the file of the District Munsif Court,

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Melur and transfer the same to the V Additional District Court, Madurai, to try the same along with O.S.No.425 of 2022.

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For Petitioner : Mr.Siva Thilakar for

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Mr.N.Kamesh

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For Respondents : Mr.P.Prabakaran for R10

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Mr.M.Muthumanikkam for R13 to 15 & R41 Government Advocate

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Tr.C.M.P.(MD).No.262 of 2025

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Pushparani

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

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.. Petitioner/4^th Defendant in O.S.No.69 of 2019

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Tr.CMP.(MD)Nos.152 & 262 of 2025

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Vs.

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1.E.M.S.Sukumaran

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... 1^st Respondent/Plaintiff in O.S.No.69 of 2019

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2.The Sub Registrar, Thamaraipatti Sub Registrar Office, Madurai East Taluk, Madurai.

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3.The Sub Registrar, Othakadai, Madurai.

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4.The District Registrar, Registration Department, Madurai.

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... Respondents 2 to 4/Defendants 1 to 3 in O.S.No.69 of 2019

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5.Anbuselvi 6.M.Amutha 7.M.Thirumalairajan 8.M.Mohan 9.M.Murugan @ Velmurugan 10.U.Venkatachala Kumar 11.A.P.Ganapathy 12.K.M.Kannan

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... Respondents 5 to 12/Defendants 1 to 8 in O.S.No.425 of 2022

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13.V.Subha 14.Santhi 15.K.Matcharaja 16.Shyamala 17.Gayathiri 18.K.Veeranan 19.C.Murugan 20.Srividhya 21.Venkatakrishnan https://www.mhc.tn.gov.in/judis 22.Mariyajoseph

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Tr.CMP.(MD)Nos.152 & 262 of 2025

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23.Jeya 24.B.Saravanakumar 25.Vijayakumar 26.Vijayalakshmi 27.Radhika Aravindkumar 28.Jeyaraj 29.S.Balasubramanian 30.R.Latharamalakshmi 31.N.Parasakthi 32.Sundar 33.Suresh 34.Vasuki 35.Poongodi 36.Janasumal Finance, Thro its Branch Manager, D.No.10, Krishnapuram, Madurai Managaram, Madurai District. 37.The President, Kallanthiri Village Panchayat, Madurai East Taluk, Madurai District. ... Respondents 13 to 37/ Defendants 10 to 34 in O.S.No.425 of 2022 38.The Assistant Engineer, TANGEDCO, Alagarkovil Office, Madurai East Taluk, Madurai District. 39.The Block Development Officer, Madurai East Panchayat Union, Madurai East Taluk, Madurai District.

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... Respondents 38 & 39/ Defendants 37 & 38 in O.S.No.425 of 2022

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Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w Section

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https://www.mhc.tn.gov.in/judis 151 of the Code of Civil Procedure, to withdraw the suits in O.S.No.69 of 2019 on the

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Tr.CMP.(MD)Nos.152 & 262 of 2025

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file of the District Munsif Court, Melur and transfer the same to the V Additional District Court, Madurai, to try the same along with O.S.No.425 of 2022.

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For Petitioner : Mr.Siva Thilakar for Mr.N.Kamesh

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For Respondents : Mr.P.Prabakaran for R1 Mr.M.Muthumanikkam for RR2, 3, 4 & 39 Government Advocate No Appearance for RR5, 6, 7, 15, 22, 24, 26, 31, 32, 36, 37, 38, 9, 17, 29, 35, 18, 27, 28 & 34

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COMMON ORDER

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These Transfer Civil Miscellaneous Petitions have been filed to withdraw

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the suits in O.S.No.358 of 2014 and counter claim petition in C.C.P.No.10 of 2022 and O.S.No.69 of 2019 on the file of the District Munsif Court, Melur and transfer the same to the V Additional District Court, Madurai, to try the same along with O.S.No.425 of 2022.

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The petitioner who is 16^th defendant in O.S.No.358 of 2014 and 5^th defendant in O.S.No.69 of 2019, on the file of the learned District Munsif, Melur, has filed the transfer civil miscellaneous petitions, stating that a connected suit is pending before the V Additional District Munsif, Madurai in O.S.No.425 of 2022. Two suits have been filed for partition. One suit is to set aside the sale deeds. The https://www.mhc.tn.gov.in/judis

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issue involved in this matter is common and relating to the entitlement of the share of the parties. Therefore, the learned counsel for the petitioner submitted that all the cases may be jointy tried by the learned V Additional District Judge, Madurai.

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3.Even though the learned counsel for the respondents initially objected to allow these petitions on the ground of dismissal of the earlier transfer civil miscellaneous petitions, after considering the binding nature of the decree which would be passed in the suits, he fairly submitted that since common issues are involved there is no bar to transfer the suits from the file of the learned District Munsif, Melur to the file of the learned V Additional District Judge, Madurai, to try along with the suit in O.S.No.425 of 2022.

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*** “** 4. The learned counsel for the respondent would further submit that in O.S.No.69 of 2019 exparte evidence was taken and exparte decree was also passed and the same was subsequently set aside on the petition filed by the party to the proceedings connected suit in O.S.No. 223 of 2018 is also pending before the learned District Munsif Court, Melur.

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5.Now in all the cases, pleadings have been completed and posted for framing the issues. In view of the facts and circumstances of the case, in the interest

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of Justice and to avoid conflict of decisions, this Court is of the view that all the https://www.mhc.tn.gov.in/judis

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matters should be jointly tried by the learned V Additional District Judge, Madurai.

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6.Accordingly, this Court is inclined to dispose these petitions with the

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following directions.

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(i) _ 6.(i) The learned District Munsif, Melur, is hereby directed_** to transfer the entire records pertaining to the suit in O.S.No. 358 of 2014 along with the counter claim petition in C.C.P.No. 10 of 2022 and also the suits in O.S.No.69 of 2019 and O.S.No. 223 of 2018 from his file to the file of the V Additional District Judge, Madurai, to try along with the O.S.No.425 of 2022.”

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(ii) Considering the pendency of the cases from the year 2014, this Court directs the V Additional District Judge, Madurai to take all these cases on file and dispose of all the cases along with O.S.No.425 of 2022 within a period of six months from the date of receipt of the copy of this Order.

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