Madras High Court
N.Natarajan vs Senthilselvan on 4 November, 2024
Tr.C.M.P.No.910 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.C.M.P.No.910 of 2024 and
C.M.P.No.19950 of 2024
N.Natarajan .. Petitioner
Vs.
1. Senthilselvan
2. Dayanithi
3.Jothimani @ Jothi
4. Kayalvizhi
5.Kavipriya
6.Maheswari
7. Sujitha
8. A.V.Chinnasamy
9. N.Athiyappan
10.Usman
11. Manoharan
12. Saroja
13. Kanimozhi
14. The Sub-Registrar,
Office of the Sub-Registrar,
Pappireddipatti Town & Taluk,
Dharmapuri District.
1/6
https://www.mhc.tn.gov.in/judis
Tr.C.M.P.No.910 of 2024
15. The District Registrar,
Office of the District Registrar,
Dharmapuri Town, Dharmapuri District.
16. The District Collector,
District Collectorate Office,
Dharmapuri.
17. Lavakumar
18.A.Selvam
19.A.C.Mani .. Respondents
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24
of the Civil Procedure Code, to withdraw and transfer the suit in
O.S.No.20 of 2021 on the file of the Additional District Court at
Dharmapuri to be tried along with the suit in O.S.No.41 of 2011 on the
file of the Principal District Court at Dharmapuri jointly.
For Petitioner : Dr.S.S.Swaminathan
For RR 14 to 16 : Mr.N.Muthuvel, Government Advocate
ORDER
This Transfer Civil Miscellaneous Petition seeks for a joint trial
between O.S.No.20 of 2021 on the file of the Additional District Court at
https://www.mhc.tn.gov.in/judis
Dharmapuri and O.S.No.41 of 2011 on the file of the Principal District
Court at Dharmapuri.
2. O.S.No.41 of 2011 is a suit for specific performance on the
alleged agreement of sale dated 05.10.2010 and to declare that the sale
deed that has been executed over the immovable property, which is the
subject matter of the agreement as null and void.
3. O.S.No.20 of 2021 is a suit to declare that the sale deeds that
have been executed in favour of the petitioner and respondents 8 to 11
herein are null and void and not binding on the plaintiff and for the relief
of permanent injunction. The 6th defendant wants to club both the suits
together as he fears it might result in conflict of judgments.
4. Dr.S.S.Swaminathan fairly points out that the trial has
commenced in O.S.No.41 of 2011 and the evidence of the plaintiff is
over and is now at the stage of the defendants' evidence.
https://www.mhc.tn.gov.in/judis
5. In a suit for specific performance, the issue that has to be
considered by the Court is whether the agreement is true and genuine and
if the plaintiff is ready and willing to get the sale deed executed in his
favour. An issue of title is irrelevant in a suit for specific performance as
it is still in the realm of contract, whereas in a suit in O.S.No.20 of 2021,
the issue of title is an issue. There is no commonality of issues between
O.S.No.20 of 2021 and O.S.No.41 of 2011.
6. That being the situation, if both the suits are clubbed together
and the joint trial is ordered, it would lead to embarrassment of the
proceedings. As there is no common issue, I am not inclined to admit the
Transfer C.M.P. Accordingly, the Tr.C.M.P. stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
04.11.2024
Index:Yes/No
Internet:Yes/No
Neutral Citation:Yes/No
kj
https://www.mhc.tn.gov.in/judis
To
1. The Additional District Judge, Dharmapuri.
2. The Principal District Judge at Dharmapuri.
3. The Sub-Registrar,
Office of the Sub-Registrar,
Pappireddipatti Town & Taluk,
Dharmapuri District.
4. The District Registrar,
Office of the District Registrar,
Dharmapuri Town, Dharmapuri District.
5. The District Collector,
District Collectorate Office,
Dharmapuri.
https://www.mhc.tn.gov.in/judis
V.LAKSHMINARAYANAN,J.
Kj
Tr.C.M.P.No.910 of 2024 and
04.11.2024
https://www.mhc.tn.gov.in/judis
