1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2011 CORAM: THE HONOURABLE MR.JUSTICE A.SELVAM Tr.CMP(MD)No.200 of 2011 The Procurator, Society of St.Mary's, East Veli Street, Madurai – 1. .. Petitioner(Defendant) Vs. 1.V.Iruthayaraja 2.I.Peter .. Respondents(Plaintiffs) Petition filed under Section 24 read with 151 of the Civil Procedure Code, 1908 praying to withdraw Original Suit No.219 of 2011 pending before the Principal District Munsif Court, Madurai Town and transfer it to the file of the Principal Sub Court, Madurai to be tried along with Original Suit No.457 of 2011. For petitioner : Mr.S.Manohar O R D E R This petition has been filed praying to withdraw Original Suit No.219 of 2011 from the file of the Principal District Munsif Court, Madurai Town and transfer the same to the file of the Principal Sub Court, Madurai so as to try the same alongwith Original Suit No.457 of 2011. 2. It is stated in the petition that the respondents herein as plaintiffs have instituted Original Suit No.219 of 2011 on the file of the Principal District Munsif Court, Madurai Town, wherein the present petitioner has been shown as sole defendant. 3. It is stated in the plaint filed in Original Suit No.219 of 2011 that the suit property is the absolute property of the defendant and the plaintiffs have been enjoying the same as tenants and now the defendant has been making arrangements to evict the plaintiffs without due process of law. Under the said circumstances,Original Suit No.219 of 2011 has been instituted for the reliefs sought for therein. 4. Further it is stated in the petition that the petitioner herein as plaintiff has instituted Original Suit No.457 of 2011 on the file of the Principal Sub Court, Madurai praying to evict the present respondents from the suit property. Since Original Suit No.457 of 2011 has been instituted for eviction, the present petition has been filed for getting the relief sought for therein. 5. Considering the nature of the relief sought for in the present petition, notice need not be sent to the respondents. 6. Considering the fact that Original Suit No.219 of 2011 has been instituted for getting the relief of perpetual injunction and Original Suit No.457 of 2011 has been instituted for getting the relief of eviction, it is clear that both the suits must be tried together. Under the said circumstances, this Court is of the view to allow the present petition for the relief sought for therein. https://hcservices.ecourts.gov.in/hcservices/ 2 7. In fine, this petition is allowed without costs at the stage of admission and Original Suit No.219 of 2011 is ordered to be withdrawn and transferred from the file of the Principal District Munsif Court, Madurai Town to the file of the Principal Sub Court, Madurai. The Principal Sub Court, Madurai is directed to conduct joint trial in both the suits. Further the Principal Sub Court, Madurai is directed to give notice to the respondents herein before taking Original Suit No.219 of 2011 on file. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Principal Subordinate Judge, Madurai. 2.The Principal District Munsif, Madurai Town. +1CC TO MR.S.MANOKAR, ADVOCATE SR.28757 Smn SR : 25.08.2011 : 2p/4c Tr.CMP(MD)No.200 of 2011 22.08.2011 https://hcservices.ecourts.gov.in/hcservices/