Madras High Court
S. Dakshinamurthy vs E.Janaki on 25 August, 2021
Tr CMP .No.429 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.No.429 of 2021
1.S. Dakshinamurthy
2.D. Vasathi ... Petitioners
-vs-
1. E.Janaki
2. E. Balaji
3. M.Elumalai
4. The District Collector,
Thiruvallur District,
Office of the District Collectorate,
Thiruvallur.
5. The Corporation of Greater Chennai
Represented by its Commissioner
Rippon Buildings, Park Town, Chennai – 600 003.
6. The State Highways Department,
Represented by its Divisional Engineer,
Thiruvallur ... Respondents
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of the
Code of Civil Procedure, to withdraw the suit viz., OS.No.16 of 2020 now
1/6
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Tr CMP .No.429 of 2021
pending on the file of the District Munsif-cum-Judicial Magistrate Court,
Madhavaram and to be heard and jointly tried along with OS.No.52 of 2020 now
pending and transfer to the file of the Additional District Judge, Ponneri.
For Petitioners : Mr.K.Bijai Sundar
For Respondents : Mr.P.V.Muralidhar for R1 to R3
Mr.Edwin Prabakar for R4 & R6
Mrs.Karthikaa Ashok for R5
Government Advocate
ORDER
The present Transfer Civil Miscellaneous Petition is filed to withdraw the
suit viz., O.S.No.16 of 2020 now pending on the file of the District Munsif-cum-
Judicial Magistrate Court, Madhavaram and to be heard and jointly tried along
with OS.No.52 of 2020 now pending and transfer to the file of the Additional
District Judge, Ponneri.
https://www.mhc.tn.gov.in/judis/
Tr CMP .No.429 of 2021
2.The respondents 1 and 2 herein through their father and power of attorney
agent, 3rd respondent herein had filed OS.No.93 of 2014 before the District
Munif, Thiruvathiyur, for a declaration of their alleged title to the property
bearing S.No.924/3, T.S.No.35/2, Block No.28, Ward No.C, Madhavaram Red
Hills High Road, Madhavaram Village and Taluk, Thiruvallur District. The said
suit has been subsequently transferred on the file of the District Munsif cum
Judicial Magistrate Court, Madhavaram and re-numbered as OS.No.16 of 2020.
3.The learned counsel for the petitioners has submitted that the petitioners
had filed OS.No.52 of 2020 on the file of the District Court, Thiruvallur against
all the respondents for various reliefs. He further submitted that the respondents
4 to 6 herein have been made only as formal parties in the said suit for proper and
effective adjudication. He further submitted that since the parties in both the suits
are one and the same it has become just and necessary for a joint trial to avoid
conflicting judgments and delay in proceedings. Therefore, he seeks that the case
in OS.No.16 of 2020 to be heard and jointly tried along with OS.No.52 of 2020
now pending and transfer to the file of the Additional District Judge, Ponneri.
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Tr CMP .No.429 of 2021
4.The learned counsel appearing for the respondents 1 to 3 has no objection
for allowing this petition.
5.Heard the learned counsel on either side and perused the materials
available on record.
6.This Court is satisfied with the reasons stated in the affidavit filed in
support of this petition. Further, since two cases are pending from two different
Courts, to avoid multiplicity of proceedings and conflicting judgments, both the
cases have to be tried before a Single Judge.
7. Considering the facts and circumstances of the case and considering the
submission made by the learned counsel on either side, OS.No.16 of 2020 is
withdrawn from the file of the District Munsif-cum-Judicial Magistrate Court,
Madhavaram and transferred to the file of the Additional District Judge, Ponneri,
to be heard and jointly tried along with OS.No.52 of 2020 for disposal as per law.
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Tr CMP .No.429 of 2021
The learned District Munsif-cum-Judicial Magistrate Court, Madhavaram, is
directed to transmit the papers to the Additional District Judge, Ponneri,
forthwith. The learned Additional District Judge, Ponneri, is directed to dispose
OS.No.16 of 2020 along with OS.No.52 of 2020 on merits and in accordance
with law as expeditiously as possible.
8. In fine, this petition is allowed. No costs.
25.08.2021
Internet : Yes / No
Index : Yes / No
gv
https://www.mhc.tn.gov.in/judis/
Tr CMP .No.429 of 2021
A.A.NAKKIRAN, J.
gv
To:
1.The District Munsif-cum-Judicial Magistrate Court, Madhavaram
2. The Additional District Judge, Ponneri
3.The District Collector,
Thiruvallur District,
Office of the District Collectorate,
Thiruvallur.
Tr.C.M.P.No.429 of 2021
4.The Corporation of Greater Chennai
Represented by its Commissioner
Rippon Buildings, Park Town, Chennai – 600 003.
5.The State Highways Department,
Represented by its Divisional Engineer,
Thiruvallur
25.08.2021
https://www.mhc.tn.gov.in/judis/
