Anbazhagan vs Saravanan
2024 Latest Caselaw 5103 Mad

Madras High Court

Anbazhagan vs Saravanan on 4 March, 2024

Author: V.Sivagnanam

Bench: V.Sivagnanam

                                                                                 TR CMP No.505 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 04.03.2024

                                                          CORAM

                                  THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                                TR CMP No.505 of 2023
                                                          and
                                                Crl.M.P.No.12067 of 2023

                     1.Anbazhagan
                     2.Rekha
                     3.Paappi
                     4.Jeyaraman
                     5.Chandra                                                      ... Petitioners
                                                           Vs.
                     1.Saravanan
                     2.Yashodha                                                  ...Respondents

                     PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of
                     Civil Procedure Code, 1908 to withdraw and transfer the suit in O.S.No.124
                     of 2020 pending on the file of the District Munsif Court, Polur,
                     Thiruvannamalai District to the file of District Subordinate Court, Polur and
                     tried jointly along with O.S.No.664 of 2022.


                                    For Petitioners           : Mr.T.Ananthasekar
                                    For Respondents              : Mr.V.R.Appaswamee


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                                                                                    TR CMP No.505 of 2023


                                                           ORDER

This Transfer Civil Miscellaneous Petition is filed to withdraw and

transfer the suit in O.S.No.124 of 2020 pending on the file of the District

Munsif Court, Polur, Thiruvannamalai District to the file of District

Subordinate Court, Polur and tried jointly along with O.S.No.664 of 2022.

2. The learned counsel for the petitioners/defendants submitted that

O.S.No.124 of 2020 filed by the respondents/plaintiffs for bare injunction,

but the petitioners/defendants filed O.S.No.664 of 2022 on the file of the

Subordinate Judge, Polur for partition. Disputed property for both the cases

are one and the same. Before the Court, the respondents had given new

survey number in the suit property as S.No.144/61. In the suit O.S.No.664

of 2022, the petitioners had stated the old survey number corresponding to

new survey number 144/4. The properties in the two suits are identical and

for the same, the suit in O.S.No124 of 2020 from the file of the District

Munsif Court, Polur may be transferred to Subordinate Court Polur, and to

be tried along with O.S.No.664 of 2022.

3. The learned counsel for the respondents submitted that Survey

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No.144/4 is the old one and the same has been now assigned 144/4 -56, 57,

58, 59, 60 & 61. Further, the respondent has no objection for transferring

the case either to the District Munsif Court, Polur or to Subordinate Court

Polur.

4. On a perusal of the records, it is noticed that the properties in the

two suits are identical. The suit in O.S.No.124 of 2020 filed by the

respondents/plaintiffs for bare injunction. The petitioners/defendants filed

O.S.No.664 of 2022 on the file of the Subordinate Judge, Polur for partition

of the suit schedule property. On perusal of adangal, the suit schedule

property in Survey No.144/4, now assigned new Survey numbers. Both the

suits have the same property.

5. Under these circumstances, in order to avoid conflict judgments and

adjudicate the matter on merits, the suit in O.S.No.124 of 2020, pending on

the file of the District Munsif Court, Polur is ordered to transfer to the

Subordinate Court, Polur and to be tried along with O.S.No.664 of 2022 in

the routine manner as early as possible. The Judge, District Munsif Court,

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Polur is directed to send the entire records to the Subordinate Court, Polur,

within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, the Transfer Civil Miscellaneous Petition

is disposed of. No costs. Consequently, the connected miscellaneous petition

is closed.

04.03.2024

Index: Yes/No Internet: Yes/No rpl To

1. The District Subordinate Court, Polur

2.The District Munsif Court, Polur, Thiruvannamalai District

V.SIVAGNANAM, J.,

rpl

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