TR.C.M.P(MD).No.723 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 23.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

TR.C.M.P(MD).No.723 of 2022

and

C.M.P(MD).No.11447 of 2022

A.K.Ahamed

... Petitioner

v.

1.Abdul Rahman

2.Vijaya Lakshmi

... Respondents

Transfer Civil Miscellaneous Petition filed under Section 151 CPC to

withdraw the case in O.S.No.163 of 2019 pending before the Principal

District Munsif Court, Madurai and transfer the same to the file of V

Additional District Court, Madurai and to try the same along with O.S.No.102

of 2020 pending on the file of the said Court.

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TR.C.M.P(MD).No.723 of 2022

For Petitioner

: Mr.M.Ajmal Khan,

Senior Counsel

for M/s.Ajmal Associates

For Respondents

: No appearance

*****

ORDER

According to the petitioner, he purchased the suit schedule property

from the second respondent by a registered sale deed dated 26.02.2019, vide

Doc.No.1551/2019. However, in respect of the said property, the first

respondent has filed a suit in O.S.No.163 of 2019 as against the second

respondent, before the Principal District Munsif Court, Madurai, for

permanent injunction, on the ground that there was an unregistered sale

agreement between him and the second respondent's husband, namely,

Ragavan, on 17.05.2015 for the sale of the suit property and a sum of

Rs.65,00,000/- was also paid as advance. Alleging that the second respondent,

after the demise of her husband, failed to honour the transaction, the first

respondent has filed the suit.

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TR.C.M.P(MD).No.723 of 2022

2.According to the petitioner, even before the institution of the suit in

O.S.No.163 of 2019 by the first respondent, the petitioner has purchased the

property vide a registered sale deed. After the institution of the suit, the first

respondent trespassed into the property and in this regard, a criminal case was

registered in Cr.No.16 of 2021 on the file of the Anti Land Grabbing Cell,

Madurai, for the offence under Sections 448, 465, 468, 471, 506(i) IPC.

Though the petitioner purchased the property much prior to the institution of

O.S.No.163 of 2019, he was not impleaded as a party and therefore, he has

filed I.A.Nos.298 & 299 of 2019 and got himself impleaded as a defendant in

the suit. Simultaneously, the petitioner has also instituted a suit in O.S.No.102

of 2020 before the V Additional District Court, Madurai, for recovery of

possession and injunction, as against the first respondent.

3.Learned Senior Counsel appearing for the petitioner submitted that

the parties to the suit in O.S.Nos.163 of 2019 & 102 of 2020 are one and the

same and the subject property is also one and the same. Therefore, in order to

avoid multiplicity of proceedings and conflicting decisions, the petitioner has

filed this application to transfer the suit in O.S.No.163 of 2019 pending on

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TR.C.M.P(MD).No.723 of 2022

the file of Principal District Munsif Court, Madurai to the file of V Additional

District Court, Madurai and to try the same along with the suit in O.S.No.102

of 2020.

4.There is no representation for the respondents.

5.Considering the fact that the parties to the lis and the subject property

involved are one and the same, this Court, without expressing any opinion on

the allegations and on the merits of the case, is inclined to allow this

application for transfer and for joint trial. Since the suit in O.S.No.163 of

2019 was filed earlier, the suit in O.S.No.102 of 2020 pending before the V

Additional District Court, Madurai, is hereby withdrawn and ordered to be

transferred to the file of the Principal District Munsif Court, Madurai.

6.The learned Judge, V Additional District Court, Madurai, is directed

to transmit the entire case records pertaining to the suit in O.S.No.102 of

2020 to the file of the Princ