High Court · 2025

Tr.CMP.(MD)Nos.152 & 262 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 07.07.2025CORAMTHE HON'BLE MR JUSTICE K.K. RAMAKRISHNANTr.CMP.(MD)Nos.152 & 262 of 2025andC.M.P.(MD)Nos.3871 & 6989 of 2025Tr.C.M.P.(MD).No.152 of 2025Pushparani.. Petitioner/16th DefendantVs.1.Velmurugan... 1st Respondent/PlaintiffRakkammal (Died)2.M.Thirumalairajan3.M.Mohan4.M.Amutha5.M.Anbuselvi6.P.Jeyandra Pandian7.U.Venkatachala Kumar8.A.P.Ganapathy9.K.M.Kannan10.E.M.S.Sukumaran11.S.Balasubramanian12.N.Parasakthi13.The Sub Registrar, Office of the Sub Registrar, Thamaraipatti, Office at Thirumohour Road, Rajagambeeram, Y.Othakadai, Madurai District.1/10 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)Nos.152 & 262 of 202514.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 1516.V.Subha17.Santhi18.K.Matcharaja19.Shyamala20.Gayathiri21.K.Veeranan22.C.Murugan23.Srividhya24.Venkatakrishnan25.Mariyajoseph26.Jeya27.B.Saravanakumar28.Vijayakumar29.Vijayalakshmi30.Radhika Aravindkumar31.Jeyaraj32.S.Balasubramanian33.R.Latharamalakshmi34.Sundar35.Suresh36.Vasuki37.Poongodi38.Janasumal Finance, Thro its Branch Manager, D.No.10, Krishnapuram, Madurai Managaram, Madurai District.2/10 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)Nos.152 & 262 of 202539.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 Additional District Court, Madurai, to try the same along with O.S.No.425 of 2022.For Petitioner: Mr.Siva Thilakar forMr.N.KameshFor Respondents: Mr.P.Prabakaran for R10 Mr.M.Muthumanikkam for R13 to 15 & R41 Government AdvocateTr.C.M.P.(MD).No.262 of 2025Pushparani.. Petitioner/4th Defendant in O.S.No.69 of 20193/10 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)Nos.152 & 262 of 2025Vs.1.E.M.S.Sukumaran... 1st Respondent/Plaintiffin O.S.No.69 of 20192.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 3in O.S.No.69 of 20195.Anbuselvi6.M.Amutha7.M.Thirumalairajan8.M.Mohan9.M.Murugan @ Velmurugan10.U.Venkatachala Kumar11.A.P.Ganapathy12.K.M.Kannan ... Respondents 5 to 12/Defendants 1 to 8in O.S.No.425 of 202213.V.Subha14.Santhi15.K.Matcharaja16.Shyamala17.Gayathiri18.K.Veeranan19.C.Murugan20.Srividhya21.Venkatakrishnan22.Mariyajoseph4/10 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)Nos.152 & 262 of 202523.Jeya24.B.Saravanakumar25.Vijayakumar26.Vijayalakshmi27.Radhika Aravindkumar28.Jeyaraj29.S.Balasubramanian30.R.Latharamalakshmi31.N.Parasakthi32.Sundar33.Suresh34.Vasuki35.Poongodi36.Janasumal Finance, Thro its Branch Manager, D.No.10, Krishnapuram, Madurai Managaram, Madurai District.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 202238.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 2022Prayer : 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 5/10 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)Nos.152 & 262 of 2025file 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 forMr.N.KameshFor 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 & 34COMMON ORDERThese 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 6/10 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)Nos.152 & 262 of 2025issue 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 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 connected suit in O.S.No.223 of 2018 is also pending before the learned District Munsif Court, Melur. 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 7/10 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)Nos.152 & 262 of 2025matters should be jointly tried by the learned V Additional District Judge, Madurai.6.Accordingly, this Court is inclined to dispose these petitions with the following directions.(i) ** 6.(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 suits in O.S.No.69 of 2019 and O.S.No.223 of 2018 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.8/10 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)Nos.152 & 262 of 20257. 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. Sd/- Assistant Registrar((RTI))(*)Corrected as per order of this Court dated 25/08/2024 made in Tr.CMP. (MD)Nos.152 & 262 of 2025 Sd/-Assistant Registrars(RTI)// True Copy // / /2025 Sub Assistant RegistrarTMTo(*)To be substituted to the order already despatched on 19/08/2025 1.The District Munsif, Melur, Madurai District.2.The V Additional District Judge, Madurai.3.The Sub Registrar, Office of the Sub Registrar, Thamaraipatti, Office at Thirumohour Road, Rajagambeeram, Y.Othakadai, Madurai District.4.The Sub Registrar,9/10 https://www.mhc.tn.gov.in/judis Tr.CMP.(MD)Nos.152 & 262 of 2025 Office of he Sub Registrar, Chittampatti, Office at Melur Road, Madurai District.5.The District Registrar, Madurai North, Office of the District Registrar, Thirumohour Road, Rajagambeeram, Y.Othakadai, Madurai District. 6. The President, Kallanthiri Village Panchayat, Madurai East Taluk, Madurai District.7.The Assistant Engineer, TANGEDCO, Alagarkovil Office, Madurai East Taluk, Madurai District.8.The Block Development Officer, Madurai East Panchayat Union, Madurai East Taluk, Madurai District.+1 CC to M/s.S.P.PRABAKARAN, Advocate ( SR-40640[F] dated 07/07/2025 )+1 CC to M/s.SPL GP ( SR-41051[F] dated 08/07/2025 )Tr.CMP.(MD)Nos.152 & 262 of 2025andC.M.P.(MD)Nos.3871 & 6989 of 2025 07.07.2025 JJ/07.08.2025 10P/ 11C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 CT (25/08/2025) 10P/11C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 10/10