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2017 Supreme(Mad) 2912

S.BASKARAN
Vanja – Appellant
Versus
V. Suresh Kumar – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.A. Mohanram
For the Respondents: Mr. J. Barathan

ORDER :

The petitioners, who are the first and seventh defendants in O.S.No.1 of 2013 and defendants 2 and 8 in O.S.No.393 of 2016 have come forward with this petition seeking transfer of 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 to be tried along with the suit in O.S.No.1 of 2013, pending therein.

2. O.S.No.1 of 2013, pending on the file of the IV Additional District Court, Madurai is filed by second respondent herein/plaintiff against the petitioners and five other persons, seeking specific performance and other consequential reliefs. The other suit in O.S. No. 393 of 2016, pending on the file of the Principal District Munsif, Madurai is filed by the first respondent/plaintiff herein against the petitioner and 6 other persons, seeking relief of permanent injunction, not to evict the plaintiff in the suit, except by due process of law and other reliefs.

3. The petitioners contend that there is no privity of contract between themselves and the first respondent, who is only a trespasser in the suit property. The petitioner further contends that the second respondent/plaintiff has lost


















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