Madras High Court
Pushparani vs Velmurugan ... 1St on 7 July, 2025
Tr.CMP.(MD)Nos.152 & 262 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.07.2025
CORAM
THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN
Tr.CMP.(MD)Nos.152 & 262 of 2025
and
C.M.P.(MD)Nos.3871 & 6989 of 2025
Tr.C.M.P.(MD).No.152 of 2025
Pushparani .. Petitioner/16th Defendant
Vs.
1.Velmurugan ... 1st Respondent/Plaintiff
Rakkammal (Died)
2.M.Thirumalairajan
3.M.Mohan
4.M.Amutha
5.M.Anbuselvi
6.P.Jeyandra Pandian
7.U.Venkatachala Kumar
8.A.P.Ganapathy
9.K.M.Kannan
10.E.M.S.Sukumaran
11.S.Balasubramanian
12.N.Parasakthi
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Tr.CMP.(MD)Nos.152 & 262 of 2025
13.The Sub Registrar,
Office of the Sub Registrar,
Thamaraipatti,
Office at Thirumohour Road,
Rajagambeeram, Y.Othakadai,
Madurai District.
14.The Sub Registrar,
Office of he Sub Registrar,
Chittampatti, Office at Melur Road,
Madurai District.
15.The District Registrar,
Madurai North,
Office of the District Registrar,
Thirumohour Road, Rajagambeeram,
Y.Othakadai, Madurai District.
... Respondents 2 to 15/Defendants 2 to 15
16.V.Subha
17.Santhi
18.K.Matcharaja
19.Shyamala
20.Gayathiri
21.K.Veeranan
22.C.Murugan
23.Srividhya
24.Venkatakrishnan
25.Mariyajoseph
26.Jeya
27.B.Saravanakumar
28.Vijayakumar
29.Vijayalakshmi
30.Radhika Aravindkumar
31.Jeyaraj
32.S.Balasubramanian
33.R.Latharamalakshmi
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Tr.CMP.(MD)Nos.152 & 262 of 2025
34.Sundar
35.Suresh
36.Vasuki
37.Poongodi
38.Janasumal Finance,
Thro its Branch Manager,
D.No.10, Krishnapuram,
Madurai Managaram,
Madurai District.
39.The President,
Kallanthiri Village Panchayat,
Madurai East Taluk, Madurai District.
40.The Assistant Engineer,
TANGEDCO, Alagarkovil Office,
Madurai East Taluk, Madurai District.
41.The Block Development Officer,
Madurai East Panchayat Union,
Madurai East Taluk, Madurai District.
... Respondents 16 to 41
(Respondents 16 to 41 are impleaded as per the order of this Court dated
14.03.2025 made in CMP.(MD).No.4317 of 2025 as party to the
proceedings)
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w
Section 151 of the Code of Civil Procedure, to withdraw the suits in
O.S.No.358 of 2014 and counter claim petition in C.C.P.No.10 of 2022 on
the file of the District Munsif Court, Melur and transfer the same to the V
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Tr.CMP.(MD)Nos.152 & 262 of 2025
Additional District Court, Madurai, to try the same along with O.S.No.425
of 2022.
For Petitioner : Mr.Siva Thilakar for
Mr.N.Kamesh
For Respondents : Mr.P.Prabakaran for R10
Mr.M.Muthumanikkam for R13 to 15 & R41
Government Advocate
Tr.C.M.P.(MD).No.262 of 2025
Pushparani .. Petitioner/4th Defendant
in O.S.No.69 of 2019
Vs.
1.E.M.S.Sukumaran ... 1st Respondent/Plaintiff
in O.S.No.69 of 2019
2.The Sub Registrar,
Thamaraipatti Sub Registrar Office,
Madurai East Taluk,
Madurai.
3.The Sub Registrar,
Othakadai,
Madurai.
4.The District Registrar,
Registration Department,
Madurai. ... Respondents 2 to 4/Defendants 1 to 3
in O.S.No.69 of 2019
5.Anbuselvi
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Tr.CMP.(MD)Nos.152 & 262 of 2025
6.M.Amutha
7.M.Thirumalairajan
8.M.Mohan
9.M.Murugan @ Velmurugan
10.U.Venkatachala Kumar
11.A.P.Ganapathy
12.K.M.Kannan ... Respondents 5 to 12/Defendants 1 to 8
in O.S.No.425 of 2022
13.V.Subha
14.Santhi
15.K.Matcharaja
16.Shyamala
17.Gayathiri
18.K.Veeranan
19.C.Murugan
20.Srividhya
21.Venkatakrishnan
22.Mariyajoseph
23.Jeya
24.B.Saravanakumar
25.Vijayakumar
26.Vijayalakshmi
27.Radhika Aravindkumar
28.Jeyaraj
29.S.Balasubramanian
30.R.Latharamalakshmi
31.N.Parasakthi
32.Sundar
33.Suresh
34.Vasuki
35.Poongodi
36.Janasumal Finance,
Thro its Branch Manager,
D.No.10, Krishnapuram,
Madurai Managaram, Madurai District.
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Tr.CMP.(MD)Nos.152 & 262 of 2025
37.The President,
Kallanthiri Village Panchayat,
Madurai East Taluk, Madurai District.
... Respondents 13 to 37/ Defendants
10 to 34 in O.S.No.425 of 2022
38.The Assistant Engineer,
TANGEDCO, Alagarkovil Office,
Madurai East Taluk, Madurai District.
39.The Block Development Officer,
Madurai East Panchayat Union,
Madurai East Taluk, Madurai District.
... Respondents 38 & 39/ Defendants
37 & 38 in O.S.No.425 of 2022
Prayer : Transfer Civil Miscellaneous Petition is filed under Section 24 r/w
Section 151 of the Code of Civil Procedure, to withdraw the suits in
O.S.No.69 of 2019 on the file of the District Munsif Court, Melur and
transfer the same to the V Additional District Court, Madurai, to try the
same along with O.S.No.425 of 2022.
For Petitioner : Mr.Siva Thilakar for
Mr.N.Kamesh
For Respondents : Mr.P.Prabakaran for R1
Mr.M.Muthumanikkam for RR2, 3, 4 & 39
Government Advocate
No Appearance for RR5, 6, 7, 15, 22, 24, 26,
31, 32, 36, 37, 38, 9, 17, 29, 35, 18, 27,
28 & 34
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Tr.CMP.(MD)Nos.152 & 262 of 2025
COMMON ORDER
These Transfer Civil Miscellaneous Petitions have been filed to withdraw the suits in O.S.No.358 of 2014 and counter claim petition in C.C.P.No.10 of 2022 and O.S.No.69 of 2019 on the file of the District Munsif Court, Melur and transfer the same to the V Additional District Court, Madurai, to try the same along with O.S.No.425 of 2022.
2. The petitioner who is 16th defendant in O.S.No.358 of 2014 and 5th defendant in O.S.No.69 of 2019, on the file of the learned District Munsif, Melur, has filed the transfer civil miscellaneous petitions, stating that a connected suit is pending before the V Additional District Munsif, Madurai in O.S.No.425 of 2022. Two suits have been filed for partition. One suit is to set aside the sale deeds. The issue involved in this matter is common and relating to the entitlement of the share of the parties. Therefore, the learned counsel for the petitioner submitted that all the cases may be jointy tried by the learned V Additional District Judge, Madurai.
3.Even though the learned counsel for the respondents initially Page 7 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/07/2025 01:18:44 pm ) Tr.CMP.(MD)Nos.152 & 262 of 2025 objected to allow these petitions on the ground of dismissal of the earlier transfer civil miscellaneous petitions, after considering the binding nature of the decree which would be passed in the suits, he fairly submitted that since common issues are involved there is no bar to transfer the suits from the file of the learned District Munsif, Melur to the file of the learned V Additional District Judge, Madurai, to try along with the suit in O.S.No.425 of 2022.
4.The learned counsel for the respondent would further submit that in O.S.No.69 of 2019 exparte evidence was taken and exparte decree was also passed and the same was subsequently set aside on the petition filed by the party to the proceedings.
5.Now in all the cases, pleadings have been completed and posted for framing the issues. In view of the facts and circumstances of the case, in the interest of Justice and to avoid conflict of decisions, this Court is of the view that all the matters should be jointly tried by the learned V Additional District Judge, Madurai.
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6.Accordingly, this Court is inclined to dispose these petitions with the following directions.
(i) The learned District Munsif, Melur, is hereby directed to transfer the entire records pertaining to the suit in O.S.No.358 of 2014 along with the Counter claim petition in C.C.P.No.10 of 2022 and also the suit in O.S.No.69 of 2019 from his file to the file of the V Additional District Judge, Madurai, to try along with the O.S.No.425 of 2022.
(ii) Considering the pendency of the cases from the year 2014, this Court directs the V Additional District Judge, Madurai to take all these cases on file and dispose of all the cases along with O.S.No.425 of 2022 within a period of six months from the date of receipt of the copy of this Order.
(iii)This Court directs all the parties to the proceedings to co-operate to complete the trial proceedings without seeking unnecessary adjournments.
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7. With the above said directions, these Transfer Civil Miscellaneous Petitions are disposed of. There shall be no order as to costs. Consequently, the connected Civil Miscellaneous Petitions are closed.
07.07.2025
Index :Yes/No
Speaking Order :Yes/No
Neutral Citation :Yes/No
TM
To
1.The District Munsif, Melur, Madurai District.
2.The V Additional District Judge, Madurai.
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TM Tr.CMP.(MD)Nos.152 & 262 of 2025 and C.M.P.(MD)Nos.3871 & 6989 of 2025 07.07.2025 Page 11 of 11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 15/07/2025 01:18:44 pm )