Madras High Court
Vanaja vs V.Sureshkumar ... 1St on 14 February, 2019
Author: J.Nisha Banu
Bench: J.Nisha Banu
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.02.2019
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
TR. C.M.P(MD).No.371 of 2017
and
C.M.P(MD)No.7597 of 2017
1.Vanaja
2.Balaji ... Petitioners/
Defendants 2 & 8
Vs.
1.V.Sureshkumar ... 1st respondent /
Plaintiff
2.Govindan
3.Chandru
4.Karthick
5.Suganthi
6.Santhi
7.Vasanthi ... Respondents 2 to 7/
Defendants 1, 3 to 7
(Respondents 3 to 7 are given up)
PRAYER:- Transfer Civil Miscellaneous Petition filed under Section 24 of
the Civil Procedure Code, 1908, praying to withdraw the suit in O.S.No.
393 of 2016 pending on the file of the Principal District Munsif, Madurai
Town and transfer it to the file of the IV Additional District Judge,
Madurai to be tried along with the suit in O.S.No.1 of 2013 filed by the
2nd respondent against these petitioners for specific performance of sale
agreement, dated 22.07.2011.
For petitioner : No appearance
For 1st respondent : No appearance
For 2nd respondent : Mr.T.R.Jeyapalam
http://www.judis.nic.in
2
ORDER
This Transfer Civil Miscellaneous Petition has been filed by the petitioners seeking transfer of the suit in O.S.No.393 of 2016 from the file of the Principal District Munsif, Madurai Town to the file of the IV- Additional District Court, Madurai for joint trial with the suit in O.S.No.1 of 2013.
2. It is stated in the petition that the second respondent herein has filed the suit in O.S.No.1 of 2013 against the petitioners and five others seeking the relief of specific performance and other consequential reliefs. The suit in O.S.No.393 of 2016 was filed by the first respondent herein against the petitioners and six others seeking the relief of permanent injunction not to evict the plaintiff from the suit property, except by due process of law. According to the petitioners, there is no privity of contract between themselves and the first respondent, who is the only a trespasser in the suit property and the first respondent has filed the suit at the instigation of the 2nd respondent. Though a sale agreement was entered between the petitioners and the second respondent, the 2nd respondent failed to perform his part of contract and therefore, he lost his right to purchase the suit property. The grievance of the petitioners is that the property involved in both the suits is one and the same and in order to avoid delay and contradictory judgments, both the suits may be tried by one http://www.judis.nic.in 3 Court. Thus, they prayed to transfer the suit in O.S.No.393 of 2016 pending on the file of the principal District Munsif, Madurai Town to the file of the IV-Additional District Judge, Madurai where the suit in O.S.No.1 of 2013 is pending.
3. There is no representation for the petitioners as well as for the first respondent.
4. The learned Counsel for the second respondent has no serious objection in granting the relief sought for by the petitioners.
5. This Court perused the materials available on record.
6. Considering the facts and circumstances of the case and also considering the submission of the learned counsel for the second respondent and in order to avoid the multiplicity of work and contradictory judgments, this Court is inclined to allow this petition as prayed for. Accordingly, this petition is allowed with the following directions:
i) The learned Principal District Munsif, Madurai Town is directed to transmit the entire records in O.S.No. 393 of 2016 to the file of the IV-Additional District Judge, Madurai, within a period of two weeks from the date of receipt of copy of this order.
http://www.judis.nic.in 4
ii) The learned IV-Additional District Judge, Madurai, after obtaining the records on transfer, is directed to tag O.S.No.393 of 2016 along with O.S.No.1 of 2013, conduct joint trial and dispose of the same on merits and in accordance with law, as expeditiously as possible. No costs. Consequently, connected miscellaneous petition is closed.
14.02.2019 Index :Yes/No Internet:Yes/No gcg To,
1.The Principal District Munsif, Madurai Town.
2.The IV-Additional District Judge, Madurai. http://www.judis.nic.in 5 J.NISHA BANU,J.
gcg TR. C.M.P(MD).No.371 of 2017 14.02.2019 http://www.judis.nic.in