Madras High Court
Thangarathinam vs Minor Surya on 11 November, 2022
Tr.C.M.P(MD)No.234 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.11.2022
CORAM
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Tr.C.M.P(MD)No.234 of 2022
and
C.M.P(MD) No.4051 of 2022
1.Thangarathinam
2.Dr.Sankari ... Petitioners
-Vs-
1.Minor Surya
2.Minor Naren ... Respondents
(Both minors are represented by the natural guardian mother V.Meena)
Prayer: Transfer Civil Miscellaneous Petition filed under Section
24 of C.P.C., to withdraw the case pending in S.O.P.No.4 of 2021
from the file of the Principal District Court, Karur and transfer the
same to the III Additional District and Sessions Court, Trichy to try
the same along with the case pending O.S.No.69 of 2017 for the
disposal of the case on merits and in accordance with law.
For Petitioner : Mr.R.Gandhi
For Respondent : Mr.L.Infant Dinesh
1/5
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.234 of 2022
ORDER
This Transfer Civil Miscellaneous Petition is filed to
transfer S.O.P.No.4 of 2021 from the file of the Principal District
Court, Karur to the III Additional District and Sessions Court,
Trichy, to try along with O.S.No.69 of 2017, pending on its file.
2.The learned counsel appearing for the petitioner
submits that the petitioner herein is the defendant in S.O.P.No. 4 of
2021, which is pending on the file of the Principal District Court,
Karur. He further submits that with regard to the issue involved in
the present suit, two other suits are also pending before the III
Additional District and Sessions Court, Trichy in O.S.Nos. 69 of
2017 and 386 of 2021. In order to avoid conflicting of judgments,
the suit in S.O.P.No. 4 of 2021 has to be transferred to the III
Additional District and Sessions Court, Trichy and to be tried along
with two other suits pending on its file.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.234 of 2022
3.The learned counsel appearing for the respondent
admits that there are two other proceedings pending before the III
Additional District and Sessions Court, Trichy in connection with
the same issue involved in the present suit and hence he is not
having any objection to transfer S.O.P.No.4 of 2021 from the file of
the Principal District Court, Karur to the III Additional District and
Sessions Court, Trichy.
4.In view of the submissions made by either side counsel
that the issues and the parties in all three suits, viz.,S.O.P.No.4 of
2021 on the file of the Principal District Court, Karur and O.S.Nos.
69 of 2017 and 386 of 2021 on the file of the III Additional District
and Sessions Court, Trichy are one and the same, this Civil Revision
Petition is allowed. The suit in S.O.P.No.4 of 2021 on the file of the
Principal District Court, Karur is withdrawn and ordered to be
transferred to the file of the III Additional District and Sessions
Court, Trichy. The learned Principal District Judge, Karur is directed
to transmit the entire records to the III Additional District and
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.234 of 2022
Sessions Court, Trichy forthwith and the learned III Additional
District and Sessions Judge, Trichy, who in turn shall try the suit in
S.O.P.No.4 of 2021, along with O.S.Nos.69 of 2017 and 386 of
2021 and decide the issue on its own merits and in accordance with
law as expeditiously as possible. No costs. Consequently, connected
miscellaneous petition is closed.
11.11.2022
Index : Yes/No
Internet : Yes/No
vrn
To
1.The Principal District Court, Karur.
2.The III Additional District and Sessions Court, Trichy.
3.The Record Keeper, V.R.Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
Tr.C.M.P(MD)No.234 of 2022
B.PUGALENDHI, J.
vrn
Order made in
Tr.C.M.P(MD)No.234 of 2022
and
C.M.P(MD) No.4051 of 2022
11.11.2022
https://www.mhc.tn.gov.in/judis
