Madras High Court
Valarmathi Selvam vs K.Saravanan on 4 January, 2021
Tr.CMP Nos.657 and 907 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04-01-2021
Coram
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Tr.C.M.P.Nos.657 and 907 of 2017
And
C.M.P.Nos.12853 and 18383 of 2017
1.Valarmathi Selvam
2.Kokila Priya
3.Mohana Prasad .. Petitioners in both Tr.CMPs
vs.
1.K.Saravanan
2.Saraswathi
3.Arokiyasami
4.P.Royappan
5.R.Thekkaraj
6.D.Muthu Krishnan
7.M.Savithri
8.S.Natarajan
9.M.Ganesan
10.K.Kesavamoorthy
11.P.Palanivel
12.P.Selvaraj
13.G.Sengottuvel
14.Thirunavukarasu
15.A.Sengotayan
16.V.Ambeeshwaran
17.S.Rajendran
18.Mohanasundaram
19.E.Ramaswamy
20.A.Shanmugham
21.A.Rajendran, S/o.Arumuga Gounder
22.Rajammal
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Tr.CMP Nos.657 and 907 of 2017
23.Rajendran, S/o.Sengotayan
24.A.Sambandhamoorthy
25.E.Anbazhagan
26.S.Chandran
27.A.Rajee
28.Rangaswamy
29.Palanivel, S/o.Muthu Gounder
30.R.Illayappan
31.N.Jeganathan
32.Kotak Mahindra Bank
Represented by its Branch Manager,
B-17, Ishwariyam Building,
Thillai Nagar, Sasthri Road,
Near Kotai Railway Station,
Trichy.
33.B.Venu Gopal .. Respondents in both Tr.CMPs
Transfer CMP No.657 of 2017 is filed under Section 24 of the
Civil Procedure Code to transfer O.S.No.129 of 2015 pending on the
file of Additional District Court-II, Trichirapalli, now transferred to
Additional District Court (Mahila Court), Trichirapalli, to be jointly with
O.S.No.223 of 2015 pending on the file of the Principal District Court,
Namakkal.
Transfer CMP No.907 of 2017 is filed under Section 24 of the
Civil Procedure Code to transfer O.S.No.119 of 2017 pending on the
file of District Court, Tiruchirapalli to be jointly tried with O.S.No.223 of
2015 pending on the file of the Principal District Court, Namakkal.
For Petitioners in both Tr.CMPs : Mr.C.Jagadish
For Respondents-1to32 in both Tr.CMPs : No Appearance
For Respondent-33 in both Tr.CMPs : Mr.J.Ramkumar
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Tr.CMP Nos.657 and 907 of 2017
COMMON ORDER
The petitions for transfer under Section 24 of the Code of
Civil Procedure are filed mainly on the ground that along with
O.S.Nos.129 of 2015 and 119 of 2017, another suit in O.S.No.223 of
2015 pending before the Principal District Court, Namakkal are to be
tried jointly.
2. The learned counsel appearing on behalf of the petitioners
states that unless the suits now pending before the Tiruchirappalli in
O.S.Nos.129 of 2015 and 119 of 2017 are tried along with the suit
pending before the Principal District Court, Namakkal in O.S.No.223 of
2015, the same would cause prejudice to the interest of the parties to
the suit. There is a possibility of diverse judgment and therefore both
the suits are to be tried by the same Court.
3. The issues raised on merits deserve no consideration as
the parties are bound to adjudicate the same before the Trial Court
with reference to documents and evidences available.
4. As far as the transfer petitions are concerned, it is brought
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Tr.CMP Nos.657 and 907 of 2017
to the notice of this Court that the Trial Court has already commenced
trial in O.S.No.129 of 2015 pending before the Additional District
Court-II, Tiruchirappalli.
5. The fact regarding the commencement of trial is not
disputed by both the parties to the petitions on hand. Thus,
transferring the petition from Tiruchirappalli to Namakkal is not
preferable. Contrarily, the suit pending before the Namakkal Court
shall be transferred to Tiruchirappalli for the purpose of conducting the
trial along with O.S.No.129 of 2015 in which the trial has already
commenced. The other issues raised in the present petitions deserve
no merit consideration as the trial has already commenced in
O.S.No.129 of 2015 by the Additional District Court No.II,
Tiruchirappalli. Under these circumstances, O.S.No.223 of 2015
pending on the file of the Principal District Court, Namakkal and
O.S.No.119 of 2017 pending on the file of the District Court,
Tiruchirappalli stand transferred to the Additional District Court No.II,
Tiruchirappalli to be tried along with O.S.Nos.129 of 2015.
6. Accordingly, Transfer Civil Miscellaneous Petition Nos.657
and 907 of 2017 stand disposed of and O.S.No.223 of 2015 pending
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Tr.CMP Nos.657 and 907 of 2017
on the file of the Principal District Court, Namakkal and O.S.No.119 of
2017 pending on the file of the District Court, Tiruchirappalli stand
transferred to the Additional District Court No.II, Tiruchirappalli to be
tried along with O.S.Nos.129 of 2015. However, there shall be no
order as to costs. Consequently, connected miscellaneous petitions are
closed.
04-01-2021
Speaking Order/Non-Speaking Order.
Internet : Yes/No.
Index: Yes/No.
Svn
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Tr.CMP Nos.657 and 907 of 2017
S.M.SUBRAMANIAM, J.
Svn
To
1.The II Additional District Judge,
II Additional District Court,
Tiruchirapalli.
2.The Principal District Judge,
Principal District Court,
Namakkal.
Tr.CMP Nos.657 and 907 of 2017
04-01-2021
https://www.mhc.tn.gov.in/judis/
