Madras High Court
K.Arul Mozhi vs Selvaraj Arun Kumar on 13 July, 2023
Author: V.Bhavani Subbaroyan
Bench: V.Bhavani Subbaroyan
TR.CMP.No.427 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2023
CORAM
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
TR.CMP.No.427 of 2023
1. K.Arul Mozhi
2. M.Akila
3. V.Arunalini ... Petitioners
Vs.
1. Selvaraj Arun Kumar
2. S.Amudha Ganesan
3. A.Praveena
4. A.Aksara
5. Tributo Holdings Private Limited,
Rep. by its Director Gopalakrishna Shetty,
No.3, Club Road,
Chetpet, Chennai - 600 031.
6. Huracan Holdings Private Limited,
Rep. by its Director Gopalakrishna Shetty,
No.3, Club Road,
Chetpet, Chennai - 600 031.
7. Portfino Holdings Private Limited,
Rep. by its Director Gopalakrishna Shetty,
No.3, Club road,
Chetpet, Chennai - 600 031.
8. S.R.Booshanam ... Respondents
https://www.mhc.tn.gov.in/judis
1/8
TR.CMP.No.427 of 2023
Transfer Civil Miscellaneous Petition is filed under Section 24 of
the Civil Procedure Code, to withdraw and transfer the O.S.No.201 of
2021 pending on the file of the District Court, Chengalpattu to VII
Additional City Civil Court, Chennai, to be tried along with the
O.S.No.7241 of 2022 and O.S.No.2059 of 2023.
For Petitioners : Mr.A.V.Bharathi
For R1 to R3 : M/s.Kavitha Deenadayalan
For R4 to R7 : No Appearance
For R8 : Mr.V.Balakrishnan
ORDER
This Transfer Civil Miscellaneous Petition has been filed to withdraw the O.S.No.201 of 2021 pending on the file of the District Court, Chengalpattu and transfer the same to the file of the VII Additional City Civil Court, Chennai, to be tried along with the O.S.No.7241 of 2022 and O.S.No.2059 of 2023. https://www.mhc.tn.gov.in/judis 2/8 TR.CMP.No.427 of 2023
2. The brief facts of the case of the petitioners are as follows :
i) The petitioners and respondents 1 and 2 are the children of the 8th respondent. The suit schedule property belongs to the 8th respondent and the said property is a joint family property. The respondents 1 and 2 cheated the 8th respondent in an illegal manner and without her own consent, leaving the petitioners, had executed the Settlement Deed dated 01.06.2007 registered as Document No.5750 of 2007. Subsequent to that, in the year 2012, the respondents 1 and 2 in a dubious way, cheated the 8th respondent and obtained the Release Deeds dated 21.09.2012 registered as Document Nos.4208 and 4209 of 2012. In order to grab the money, the respondents 1 and 2 sold the property on 24.03.2021 by way of three different sale deeds bearing Nos.2566, 2567 & 2568 of 2021 to the private companies i.e. respondents 5 to 7 for Rs.30 crores and thrown the mother to the street without any food.
ii) In order to protect the interest and livelihood, the petitioners had filed the suit bearing O.S.No.201 of 2021 before the District Court, Chengalpattu, praying to declare all the above transactions viz., https://www.mhc.tn.gov.in/judis 3/8 TR.CMP.No.427 of 2023 Settlement Deed dated 01.06.2007 registered as Document No.5750 of 2007, Release Deeds dated 21.09.2012 registered as Document Nos.4208 & 4209 of 2012, Settlement Deeds dated 19.03.2020 registered as Document No.2040 of 2020 & 2041 of 2020, Rectification Deeds dated 08.03.2021 registered as Document No.2039 & 2040 of 2021 & Sale Deeds dated 24.03.2021 registered as Document Nos.2566, 2567 & 2568 of 2021 as null and void and the said is pending. Apart from the above suit, petitioners and their mother 8th respondent had filed another two suits i.e. O.S.No.7241 of 2022 and O.S.No.2059 of 2023 in respect of the same Settlement Deed dated 01.06.2007 and other properties and the parties to the ligation are the same and the same is pending on the file of the VII Additional City Civil Court, Chennai.
iii) The respondents 1 and 2 and the respondents 4 to 6 / companies filed an application under Order 7 Rule 11 of CPC in O.S.No.201 of 2022. The said application was dismissed on 08.12.2022 by the Principal District Court, Chengalpattu. The 8th respondent is a Senior Citizen aged about 85 years and she is running from pillar to post to protect her right over property in lawful manner. Whereas the respondents 1 & 2 and the companies in order to delay the justice to the https://www.mhc.tn.gov.in/judis 4/8 TR.CMP.No.427 of 2023 petitioners are trying in one way or the other to prolong the proceedings Hence, it is necessary to allow this petition to transfer the O.S.No.201 of 2021 to the VII Additional City Civil Court, Chennai.
3. The learned counsel appearing for the petitioners would submit that the petitioners' mother, 8th respondent, is a Senior Citizen aged about 84 years and she finds very difficult to travel from Chennai to Chengalpattu to attend the case hearings in O.S.No.201 of 2021. Hence, they seek transfer of the above said O.S.No.201 of 2021 to the VII Additional City Civil Court, Chennai.
4. In view of the submission made by the learned counsel for the petitioners and considering the age of the 8th respondent, this Court is inclined to withdraw the O.S.No.201 of 2021 pending on the file of the District Court, Chengalpattu and transfer the same to the file of the VII Additional City Civil Court, Chennai, for joint trial with O.S.No.7241 of 2022 and O.S.No.2059 of 2023.
5. Accordingly, the O.S.No.201 of 2021 pending on the file of the District Court, Chengalpattu is withdrawn and transferred to the file of https://www.mhc.tn.gov.in/judis 5/8 TR.CMP.No.427 of 2023 the VII Additional City Civil Court, Chennai, for joint trial with O.S.No.7241 of 2022 and O.S.No.2059 of 2023.
6. In the result, this Transfer Civil Miscellaneous Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
13.07.2023 raja Index : yes/no Internet : yes/no To
1. The District Court, Chengalpattu
2. The VII Additional City Civil Court, Chennai, https://www.mhc.tn.gov.in/judis 6/8 TR.CMP.No.427 of 2023 V.BHAVANI SUBBAROYAN.J., raja https://www.mhc.tn.gov.in/judis 7/8 TR.CMP.No.427 of 2023 TR.CMP.No.427 of 2023 13.07.2023 https://www.mhc.tn.gov.in/judis 8/8