K.Sakthivel vs Palanisamy
2022 Latest Caselaw 12033 Mad

                                                                                Tr.C.M.P.No.434 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 06.07.2022

                                                        CORAM :

                                   THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                Tr.C.M.P.No.434 of 2022
                                                         and
                                                 C.M.P.No.8004 of 2022


                K.Sakthivel                                                     ... Petitioner

                                                             Vs

                1. Palanisamy
                2. Mohankumar                                                   ... Respondents

                Prayer:- Petition is filed under Section 151 of C.P.C., pleased to withdraw

                A.S.No.15 of 2020 pending on the file of the Hon'ble Court of the I Additional

                District Judge, Erode and transfer the same to the Hon'ble Court of the II

                Additional District Judge, Erode and to be tried along with A.S.No.33 of 2020.


                                       For Petitioner    :   Mr.V.Balamurugan
                                       For Respondents :     Mr.A.Thiagarajan




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                                                                                     Tr.C.M.P.No.434 of 2022




                                                       ORDER

This Petition has been filed to withdraw A.S.No.15 of 2020 pending on the

file of the I Additional District Judge, Erode and transfer the same to the file of the

II Additional District Judge, Erode and to be tried along with A.S.No.33 of 2020.

2. The petitioner, who is the appellant in A.S.No.15 of 2020, has filed a suit

in O.S.No.31 of 2017 for partition and separate possession of the suit property and

permanent injunction against the respondents. Since, the suit was partly allowed,

the petitioner has filed an appeal in A.S.No.15 of 2020. The defendants in

O.S.No.31 of 2017 have also filed an appeal in A.S.No.33 of 2020 and challenged

the Judgment and Decree. Since, both the appeals have arisen out of the same

Judgment and Decree and filed by both the parties to the suit, it will be convenient

if both are tried together in one Court in order to avoid conflict of decisions or any

other confusions.

3. Learned counsel for the respondents has also raised no objection in

allowing this petition to transfer the appeal suit in A.S.No.15 of 2020 pending on

the file of the I Additional District Judge, Erode to the file of the II Additional

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https://www.mhc.tn.gov.in/judis Tr.C.M.P.No.434 of 2022

District Judge, Erode and to be tried along with A.S.No.33 of 2020.

4. Accordingly, the Transfer Civil Miscellaneous Petition is allowed and the

appeal suit in A.S.No.15 of 2020 filed by the petitioner is ordered to be withdrawn

from the file of the I Additional District Judge, Erode and transferred to the file of

the II Additional District Judge, Erode. The I Additional District Judge, Erode is

directed to transmit all the records pertaining to A.S.No.15 of 2020 to the file of

the II Additional District Judge, Erode, to be tried along with A.S.No.33 of 2020,

which is filed by the respondents, within a period of two weeks from the date of

receipt of a copy of this order. Consequently, connected Miscellaneous Petition is

closed. No costs.

                                                                                           06.07.2022
                rgi
                Index      : Yes
                Internet   : Yes
                Speaking Order




                                                                                 R.N.MANJULA, J.


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                                                                      Tr.C.M.P.No.434 of 2022

                                                                                         rgi

                To

1.The I Additional District Judge, Erode.

2.The II Additional District Judge, Erode.

Tr.C.M.P.No.434 of 2022 and C.M.P.No.8004 of 2022

06.07.2022

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