Madras High Court
N.Babu @ N.Mahendra Babu vs N.Kavery on 31 August, 2021
Tr.C.M.P.No.458 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
Tr.C.M.P.No.458 of 2021 and
C.M.P.No.12153 of 2021
[Through video conferencing]
N.Babu @ N.Mahendra Babu ... Petitioner
Vs.
1.N.Kavery
2.N.Prakasam
3.K.Poorani ... Respondents
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure, to withdraw the Suit in O.S.No.214 of 2021 on
the file of the Sub Court, Alandur and transfer the same to the file of the
learned XVI Additional City Civil Court at Chennai try together in Suit in
O.S.No.1187 of 2020.
For Petitioner : Mr.A.K.Gopalan
For Respondents : Mr.P.Sunil alias Sunil Praksah
*****
ORDER
The present Transfer Civil Miscellaneous Petition is filed to
withdraw the Suit in O.S.No.214 of 2021 on the file of the Sub Court, Alandur
and transfer the same to the file of the learned XVI Additional City Civil
Court at Chennai try together in Suit in O.S.No.1187 of 2020.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.458 of 2021
2.The 2nd respondent has filed O.S.No.214 of 2021 before the
Subordinate Judge, Alandur and the brother and sister of the 1st defendant's
husband has filed O.S.No.1187 of 2020 before the City Civil Judge, Chennai
for partition and declaration.
3.The learned counsel for the petitioner submitted that the petitioner
is the 2nd defendant in O.S.No.214 of 2021 on the file of the Sub Court,
Alandur and the 3rd defendant in O.S.No.1187 of 2020 on the file of the XVI
Additional Judge, Chennai seeking for partition and declaration. He would
submit that the plaintiff in O.S.No.214 of 2021 is his elder brother and the
defendants are his mother and sister as well as the plaintiffs in O.S.No.1187 of
2020 are his paternal uncle and aunt and the defendants are his brother, sister
and mother. He would further submit that all the parties in both suits are his
family members and the issues and disputes involved in both the suits are inter
connected with each other. Therefore he seeks to transfer the case in
O.S.No.214 of 2021 on the file of the Subordinate Judge, Alandur to the file
of the XVI Additional City Civil Court, Chennai tried along with O.S.No.1187
of 2020 pending on the file of the XVI Additional City Civil Court, Chennai.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.458 of 2021
4.The learned counsel appearing for the respondents submitted that they
have no objection for transferring the case to the file of the XVI Additional
City Civil Judge, Chennai.
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 i.e., O.S.No.214 of 2021 pending before the Sub Court,
Alandur and O.S.No.1187 of 2020 pending before the XVI Additional City
Civil Judge, Chennai for partition and declaration, 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, O.S.No.214 of
2021 is withdrawn from the file of the Subordinate Court, Alandur and
transferred to the file of the XVI Additional City Civil Court, Chennai to be
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.No.458 of 2021
A.A.NAKKIRAN, J.
ssi
tried along with O.S.No.1187 of 2020 for disposal as per law. The learned
Subordinate Judge, Alandur, is directed to transmit the papers to the XVI
Additional City Civil Court, Chennai forthwith. The learned XVI Additional
City Civil Judge, XVI Additional City Civil Court, Chennai is directed to
dispose of O.S.No.214 of 2021 along with O.S.No.1187 of 2020 on merits and
in accordance with law as expeditiously as possible.
8.In fine, this Transfer Civil Miscellaneous Petition is allowed. No
costs. Consequently, the connected miscellaneous petition is also closed.
31.08.2021
Internet : Yes / No
Index : Yes / No
ssi
To:
1. The Sub Court, Alandur.
2. The XVI Additional City Civil Court at Chennai.
Tr.C.M.P.No.458 of 2021
https://www.mhc.tn.gov.in/judis/
