THE HONOURABLE MR.JUSTICE M.GOVINDARAJ TR CMP NO.592 of 2013
AND MP NO.1 of 2013 M.Varadarajan ... Petitioner
versus
1. M.Gangadaran
2. Mrs.K.Usharani
3. Smt. Mahalakshmi
4. Smt. Revathi
5. G.Ramesh ... Respondents PRAYER: Petition filed under Section 24 of the Code of Civil Procedure to withdraw of the O.S.No. 240 of 2007 pending before the II Additional Judge, Fast Track Court, Poonamallee and transfer the same to the file of the Principal District and Sessions Court at Tiruvallur, where the suit in O.S.No. 276 of 2007 pending, to be tired simultaneously with O.S.No. 276 of 2007.
For Petitioner : Mr.R.Munusamy For Respondents R3 to R5 : Mr.C.Balaji For Respondents R1-R2 : Mr. P.Rajendra Kumar O R D E R The Transfer Civil Miscellaneous petition is filed by the petitioner to transfer the suit filed by him in O.S.No. 240 of 2007 on the file of II Additional, Fast Track Court, Poonamalee to the file of the Principal District and Session Court, Tiruvallur where the suit in O.S.No. 276 of 2007 filed by the respondent 3 to 5 herein is pending and to be tried along with O.S.No. 276 of 2007.
2. The petitioner herein has filed the suit for specific performance in O.S.No. 240 of 2007 before the said Court and the respondents 3 to 5 have filed the suit for partiation before the said Court in O.S.No. 276 of 2007. Both the Courts have jurisdiction to try the subject matter, as suit property is one and the same in the both suits. Therefore, this court of the considered opinion that O.S.No.
240 of 2007 shall be tried along with O.S.No. 276 of 2007.
Accordingly, the Transfer Civil Miscellaneous Petition is allowed and O.S.No. 240 of 2007 pending on the file of II Additional, Fast Track Court, Poonamallee, is transferred to the file of Principal District Court, Thiruvallur to be tried along with O.S.No. 276 of 2007.
3. The Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
07.09.2017
Index : Yes/No Internet : Yes/No bsm To
1) The II Additional Judge, Fast Track Court,Poonamallee .
2) The Principal District and Sessions Court, Tiruvallur.
M.GOVINDARAJ, J.
bsm TR CMP NO.592 of 2013 AND MP NO.1 of 2013 07.09.2017