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2021 Supreme(Mad) 2515

T.V.THAMILSELVI
P. Karthikeyan – Appellant
Versus
Trishul Shelters Private Limited, Rep. by its Chief Executive Officer Momita Sen Sarma, Coimbatore – Respondent


Advocate Appeared:
For the Petitioner:Venkadasubbu for M/s. Sarvabhauman Associates, Advocates.
For the Respondent:M. Sriram, Advocate.

JUDGMENT :

(Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decretal order of the Principal District Court, Coimbatore in Tr.O.P.No.232 of 2015 dated 29.04.2016.)

1. The Revision petitioners have filed Tr.O.P.No.232 of 2015 before the learned Principal District Court, Coimbatore under Section 24 of CPC seeking transfer of the suit in O.S.No.1512 of 2014, which is pending on the file of the I Additional District Munsiff, Coimbatore, to be tried along with the suit in O.S.No.38 of 2015 pending before the IV Additional District Court, Coimbatore.

2. The respondents objected and stated that the issues, which have to be decided in two suits, are different and if the suit pending before the No. I Additional District Munsiff Court, Coimbatore is transferred to the IV Additional District Court, Coimbatore, they would lose their rights to prefer an appeal before the Sub-Court.

3. The learned District Judge concluded that the issues involved in both suits are different and if they are transferred, it would create multiplicity of proceedings, besides the parties in O.S.No.1512 of 2014 would lose their right of appeal. Accord

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