Madras High Court
M.Simson Daniel vs Pichammal on 6 September, 2024
Tr.CMP.(MD)No.317 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.09.2024
CORAM
THE HON'BLE MR JUSTICE P. VADAMALAI
Tr.CMP.(MD)No.317 of 2024
M.Simson Daniel .. Petitioner
Vs.
1.Pichammal
2.S.John Mahesh Gnanabalan
3.S.John Ramesh
4.S.John Selvakumar
5.S.Selva Agnes Jeba
6.K.Valarmathi
7.Jessica Agnes
Minor represented by her mother
K.Valarmathi/6th respondent herein
8.Jerrica Agnes
Minor represented by her mother
K.Valarmathi/6th respondent herein .. Respondents
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Tr.CMP.(MD)No.317 of 2024
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Code of Civil Procedure, to withdraw the Appeal Suit in A.S.No.61 of
2020 on the file of the Fast Track Mahila Court, Nagercoil, Kanyakumari
District and transfer the same to the file of the Additional District and
Sessions Court, Nagercoil, Kanyakumari District.
For Petitioner : Mr.S.Xavier Rajini
For R1 to R5 : Ms.R.Jenifar Bibin
R6 : No Appearance
R7 & R8 : Minors
ORDER
The present Transfer Civil Miscellaneous Petition has been filed to
withdraw the Appeal Suit in A.S.No.61 of 2020 on the file of the Fast Track
Mahila Court, Nagercoil, Kanyakumari District and transfer the same to the
file of the Additional District and Sessions Court, Nagercoil, Kanyakumari
District to be tried along with A.S.No.50 of 2020.
2. A suit in O.S.No.265 of 2014, seeking declaration of title and
possession, and a suit in O.S.No.315 of 2014, seeking decree of specific
performance of contract, were tried jointly by the learned II Additional
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Subordinate Judge, Nagercoil, and a common judgment was also passed on
22.07.2020.
3. Against the said common judgment and decree, an Appeal Suit in
A.S.No.61 of 2020 has been filed as against the suit in O.S.No.265 of 2014
before the Fast Track Mahila Court, Nagercoil, and an Appeal Suit in
A.S.No.50 of 2020 has been filed as against the suit in O.S.No.315 of 2014
before the learned Additional District and Sessions Judge, Nagercoil.
4. Heard the learned counsel appearing for the petitioner and the
learned counsel appearing for respondent Nos.1 to 5.
5. The learned counsel for the petitioner would submit that already
the Original Suits in O.S.Nos.265 of 2014 and 315 of 2014 were tried
jointly, and a common judgment and decree had also been passed on the
same. It would only be proper and necessary if these appeals, in A.S.Nos.61
of 2020 and 50 of 2020, which arise out of common judgment passed in
those suits, also be heard by one learned Judge for fair adjudication and to
avoid conflicting judgments.
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6. The learned counsel for respondent Nos.1 to 5 would submit that
her clients have no objection for the transfer of Appeal Suit in A.S.No.61 of
2020 from the file of the Fast Track Mahila Court, Nagercoil, Kanyakumari
District to the file of the Additional District and Sessions Court, Nagercoil,
Kanyakumari District, and has prayed this Court to fix some time frame for
the disposal of both the appeal suits as the appeal suits having been pending
for the past four years.
7. Considering the above facts and circumstances of the case, and
also, in order to avoid the conflicting judgments if both the appeal suits are
tried by two different Courts, this Court is inclined to allow this petition.
8. The learned Judge, Fast Track Mahila Court, Nagercoil,
Kanyakumari District is directed to transmit the entire records, pertaining to
the case in A.S.No.61 of 2020, to the learned Judge, Additional District and
Sessions Court, Nagercoil, Kanyakumari District within a period of two
weeks from the date of receipt of a copy of this order, and on receipt of such
records, the learned Judge, Additional District and Sessions Court,
Nagercoil, Kanyakumari District is directed to take the above appeal suit on
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file, and to hear both the appeals jointly and dispose of the same within a
period of five months from the date of receipt of records in accordance with
law.
9. Accordingly, this Transfer Civil Miscellaneous Petition stands
allowed. No costs.
06.09.2024
mkn
Index:Yes/No
Speaking Order :Yes/No
Neutral Citation:Yes/No
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P. VADAMALAI, J.
mkn
To
1.The learned Judge, Fast Track Mahila Court,
Nagercoil, Kanyakumari District
2.The learned Judge, Additional District and Sessions Court,
Nagercoil, Kanyakumari District
06.09.2024
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