Citation : 2025 Latest Caselaw 7106 Mad
Judgement Date : 16 September, 2025
Tr.C.M.P.No.4 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-09-2025
CORAM
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
Tr.C.M.P.No.4 of 2024
and C.M.P.No.221 of 2024
Manju Goud
Wife of Chandrakesh Kumar
No.80A, 5th Street, Burma Nagar,
Sadayankuppam, Chennai-600 103.
Petitioner(s)/Plaintiff
Vs
1. Tmt.S.Dhanalakshmi
Wife of S.Subramani, Plot No.304,
3rd Street, Burma Nagar,
Sadayankuppam, Chennai-600 103.
2. S.Madhavi
Daughter of Subramani
Plot No.304,
3rd Street, Burma Nagar,
Sadayankuppam, Chennai-600 103.
3. S.Revathi
Daughter of Subramani
Plot No.304,
3rd Street, Burma Nagar,
Sadayankuppam, Chennai-600 103.
4. S.Janaki
Daughter of Subramani
Plot No.304,
Page 1 of 6
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Tr.C.M.P.No.4 of 2024
3rd Street, Burma Nagar,
Sadayankuppam, Chennai-600 103.
5. S.Mahendiran
Son of Subramani
Plot No.304,
3rd Street, Burma Nagar,
Sadayankuppam, Chennai-600 103.
6.Mrs.Seema Sharma
Wife of Devesh Sharma
No.80A, 5th Street, Burma Nagar,
Sadayankuppam, Chennai-600 103.
7. The Asst. Engineer,
TANGEDCO
Manali Pudhu Nagar
Respondent(s)/
Defendants
Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C.
to order withdrawal of the suit in O.S.No.153 of 2019 from the file of the
District Munsif Court, Thiruvotriyur and transfer the same to the Sub-
ordinate Court, Thiruvotriyur along with O.S.No.79 of 2022 with a direction
to try the same.
For Petitioner(s): Mr.P.Manikannan
For Respondent(s): Mr.K.Venkatesan for R6
ORDER
This petition has been filed seeking to withdraw the suit in
O.S.No.153 of 2019 from the file of the District Munsif Court,
Thiruvotriyur and transfer the same to the Sub-ordinate Court, Thiruvotriyur
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along with O.S.No.79 of 2022 with a direction to try the same.
2. Heard the learned counsel on both sides.
3. The learned counsel appearing for the petitioner/plaintiff would
submit that there is a property dispute between the petitioner and the
respondents and that the petitioner herein had earlier filed a suit in
O.S.No.6 of 2020 on the file of the Sub-ordinate Court at Ponneri and
subsequently re-numbered as O.S.No.79 of 2022 on the file of the Sub-
ordinate Court at Thiruvotriyur and the same was pending. The 6th
respondent/6th defendant also filed a suit against the petitioner and her
husband, namely, Mr.Chandrakesh Kumar herein in O.S.No.153 of 2019 on
the file of the District Munsif Court, Thiruvotriyur and the same was
pending. The plaintiff and the 6th respondent/6th defendant filed two
different suits seeking declaration and permanent injunction against each
other. In order to avoid conflict judgment, the petitioner prayed to transfer
the suit O.S.No.153 of 2019 from the District Munsif Court, Thiruvotriyur
to the Subordinate Court,Thiruvotriyur to try along with O.S.No.79 of 2022.
4. Learned counsel for the 6th defendant has no objection in allowing
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this petition.
5. In view of the no objection made by the learned counsel for the 6th
defendant, this transfer civil miscellaneous petition is allowed. The case in
O.S.No.153 of 2019 is hereby withdrawn from the file of the District Munsif
Court, Thiruvotriyur and transferred to the file of the Subordinate Court,
Thiruvotriyur to try the same along with O.S.No.79 of 2022 (or)
simultaneously as expeditiously as possible. No costs. Connected C.M.P. is
closed.
16-09-2025
kal Index:Yes/No Speaking/Non-speaking order Internet:Yes;
Neutral Citation:Yes/No
To
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1.The District Munsif Court, Tiruvotriyur.
2.The Subordinate Court, Tiruvotriyur.
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M.JOTHIRAMAN J.
kal
16.09.2025
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