Madras High Court
R.Sivakumar vs R.Vijayakumar on 4 June, 2024
Tr.CMP.No.1040 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.CMP.No.1040 of 2023
and
C.M.P.No.25241 of 2023
R.Sivakumar .. Petitioner
Vs.
1.R.Vijayakumar
2.T.V.Sridhar .. Respondents
Prayer : The Transfer Civil Miscellaneous Petition is filed under Section 24
of the Code of Civil Procedure, to withdraw the suit in O.S.No.178 of 2023
from the file of the learned District Munsif at Sriperumbudur and transfer
the same to the file of the learned XVII Assistant City Civil Court at Chennai
to try along with O.S.No.1630 of 2020, O.S.No.7009 of 2022 and
O.S.No.3420 of 2023.
For Petitioner : Mr.N.Manoharan
For Respondents : Ms.Hinduja
for M/s.B.Arvind Srivatsa
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Tr.CMP.No.1040 of 2023
ORDER
st
The petitioner and the 1 respondent are siblings. Several proceedings
have been initiated between them.
2. O.S.No.372 of 2015 is a suit for partition which was filed before
the District Munsif Court at Sriperumpudur. By an order passed in
Tr.C.M.P.No.834 of 2021, dated 14.07.2022, the above said suit has been
transferred to the file of the XVII Assistant City Civil Court at Chennai and
re-numbered as O.S.No.7009 of 2022.
3. Thereafter, claiming declaratory and other reliefs, O.S.No.4 of 2019
had been filed. That suit too has been transferred to the file of the XVII
Assistant City Civil Court and re-numbered as O.S.No.3420 of 2023
pursuant to an order passed by this Court in Tr.C.M.P.No.1122 of 2022,
dated 03.01.2023. Subsequently, another suit has been filed for permanent
injunction on the file of the learned District Munsif, Sriperumpudur in
O.S.No.178 of 2023.
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4. The parties, in all the procedings as stated above, are not only
siblings but they are also before the Court.
5. Taking into consideration the orders passed previously by this
Court in Tr.C.M.P.No.834 of 2021 and Tr.C.M.P.No.1122 of 2022, I am
inclined to allow this transfer petition.
6. Hence, the proceeding in O.S.No.178 of 2023 now pending on the
file of the learned District Munsif at Sriperumpudur is withdrawn and it
shall stand transferred to the file of the XVII Assistant City Civil Court at
Chennai. The learned XVII Assistant City Civil Judge is requested to try,
O.S.No.1630 of 2020, O.S.No.7009 of 2022 and O.S.No.3420 of 2023
jointly along with the suit which has been presently transferred, together and
deliver a common judgment.
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7. Accordingly, the Transfer Civil Miscellaneous Petition stands
allowed. No costs. The connected Civil Miscellaneous Petition is closed.
04.06.2024
mkn2
Index:Yes/No
Speaking Order :Yes/No
Neutral Citation:Yes/No
Page No 4 of 5
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V. LAKSHMINARAYANAN, J.
mkn2
To
1.The learned District Munsif,
Sriperumpudur
2.The XVII Assistant City Civil Court,
Chennai
and
04.06.2024
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