Allowed¶31

M/s.Madurai United Club v. M/s.Madurai United Club

Madras HC25 Jun 2025TR CMP(MD)/192/2025

Case brief

AI extract

What is this about?

Madras High Court Madurai Bench; Tr.CMP.(MD)No.192 of 2025; K.K. Ramakrishnan J.; Section 24 r/w 151 CPC transfer petition; Madurai United Club Secretary vs President bye-law dispute; consolidation of suits; O.S.No.1179 of 2024 transferred from I Additional Sub Court to II Additional Sub Court, Madurai; to be tried with O.S.No.231 of 2024/2025; petition allowed; no costs.

What did the court decide?

Transfer Civil Miscellaneous Petition allowed: O.S.No.1179 of 2024 to be transferred from the I Additional Subordinate Court, Madurai, to the II Additional Subordinate Court, Madurai, with records to move within four weeks and the suit to be tried along with O.S.No.231 of 2025 already filed by the petitioner; no order as to costs. ¶31

M/s.Madurai United Club Vs M/s.Madurai United Club — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶31

Issue for consideration

Whether O.S.No.1179 of 2024, pending on the file of the I Additional Subordinate Court, Madurai, should be withdrawn and transferred to the II Additional Subordinate Court, Madurai, to be tried along with O.S.No.231 of 2024.

¶17

Court's answer

This Court decided to transfer O.S.No.1179 of 2024 pending on the file of the I Additional Subordinate Court, Madurai, to the file of the II Additional Subordinate Court, Madurai, and inclined to allow the petition.

¶25

Ratio / Principle

The I Additional Subordinate Judge, Madurai, was directed to transfer the entire records pertaining to O.S.No.1179 of 2024 to the II Additional Subordinate Judge, Madurai, within four weeks from receipt of a copy of the order; on receipt of such records, the II Additional Subordinate Judge was directed to take the case on file, try it along with O.S.No.231 of 2025 already filed by the petitioner, and dispose of it expeditiously in accordance with law.

¶30

Detailed headnote1 paragraphs

Tr.CMP.(MD)No.192 of 2025 (Madurai Bench, Madras High Court, K.K. Ramakrishnan J., 25.06.2025): Transfer petition under Section 24 r/w 151 CPC filed by M/s. Madurai United Club through its Secretary S.Karthikeyan, arising from a dispute with the President (K.Iyer) over adherence to club bye-laws, which had led to two suits — O.S.No.234 of 2024 (II Additional Sub Court, Madurai) and O.S.No.1179 of 2024 (I Additional Sub Court, Madurai). Petitioner sought withdrawal and transfer of O.S.No.1179 of 2024 to the II Additional Sub Court, Madurai, to be tried along with O.S.No.231 of 2024; respondents had no objection. The Court allowed the petition, directing the I Additional Subordinate Judge to transfer the entire records within four weeks and the II Additional Subordinate Judge to take the case on file, try it along with O.S.No.231 of 2025 already filed by the petitioner, and dispose of it expeditiously. No order as to costs.

¶1

Tr.CMP.(MD)No.192 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 25.06.2025

¶4

CORAM

¶5

THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN Tr.CMP.(MD)No.192 of 2025

¶6

M/s.Madurai United Club represented through its Secretary S.Karthikeyan S/o.Sonaimuthu Office at No.32B, West Veli Street, Victoria Edward Hall Complex, Madurai – 625 001, residing at No.76, Sathya Sai Naar 1^st Cross Street, T.V.S.Nagar, Madurai – 625 003

¶7

.. Petitioner/Plaintiff

¶8

Vs.

¶9

1.M/s.Madurai United Club represented through its President K.Iyer, No.32B, West Veli Street, Victoria Edward Hall Complex, Madurai – 625 001. 2.K.Iyer 3.V.Karthikeyan ... Respondents/Defedants

¶10

Page 1 of 5

¶11

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

¶12

Tr.CMP.(MD)No.192 of 2025

¶13

Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w 151 of the Code of Civil Procedure, to withdraw and transfer O.S.No.1179 of 2024,

¶14

pending on the file of the I Additional Subordinate Court, Madurai, to be tried along with O.S.No.231 of 2024 on the file of the II Additional Subordinate Court, Madurai.

¶15

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.A.Balaji for R1 to R3

¶16

ORDER

¶17

The present Transfer Civil Miscellaneous Petition has been filed to withdraw and transfer O.S.No.1179 of 2024, pending on the file of the I Additional Subordinate Court, Madurai, to be tried along with O.S.No.231 of 2024 on the file of the II Additional Subordinate Court, Madurai.

¶18

2.The Secretary of the M/s. Madurai United Club filed this petition representing the above said club. The first respondent is the President of the above said Club. Due to some dispute between them in adhering the bye-laws, the petitioner filed two suits one in O.S.No.234 of 2024 on the file of the II Additional Sub Court, Madurai and another in O.S.No.1179 of 2024 on the file of

¶19

Page 2 of 5

¶20

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

¶21

Tr.CMP.(MD)No.192 of 2025

¶22

the I Additional Sub Court, Madurai. The learned counsel for the petitioner would submit that the issue in both suits are one and the same and parties also. Therefore, it is necessary to transfer one suit namely O.S.No.1179 of 2024 from the file of I Additional Sub Court, Madurai to the file of II Additional Sub Court, Madurai, to club the matter along with O.S.No.231 of 2024 and try the same.

¶23

3.The learned counsel for the respondents entered appearance and submitted that he has no objection to transfer the case.

¶24

4.Heard the learned counsel appearing for the learned counsel for the petitioner as well as the respondent and perused the materials available on records.

¶25

5.Considering the overall facts and circumstances of the case, this Court thought it fit to transfer the case in O.S.No.1179 of 2024 pending on the file of the I Additional Subordinate Court, Madurai to the file of II Additional Subordinate Court, Madurai and inclined to allow this petition.

¶26

The learned I Additional Subordinate Judge, Madurai, is hereby directed to transfer the entire records pertaining to the case, in O.S.No.1179 of

¶27

Page 3 of 5

¶28

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

¶29

Tr.CMP.(MD)No.192 of 2025

¶30

2024, to the file of the learned II Additional Subordinate Judge, Madurai, within a period of four weeks from the date of receipt of a copy of this order, and on receipt of such records, the learned II Additional Subordinate Judge, Madurai, is directed to take the case on file, try the same along with O.S.No.231 of 2025 already filed by the petitioner and pending on his file and dispose of the case as expeditiously as possible in accordance with law.

¶31

7.Accordingly, this Transfer Civil Miscellaneous Petition stands allowed. There shall be no order as to costs.

¶32

25.06.2025

¶33

Index :Yes/No Speaking Order :Yes/No Neutral Citation :Yes/No TM

¶34

¶35

1.The I Additional Subordinate Judge, Madurai.

¶36

2.The II Additional Subordinate Judge, Madurai.

¶37