1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM Tr CMP (MD)No.157 of 2011 and MP(MD)No.1 of 2011 1.The Managing Director M/s.Southern Warehouse Co. 161 Greams Road Chennai 600 006. 2.The Branch Manager Madurai Branch, M/s.Southern Warehouse Co. 21 North Vadambokki Street Madurai – 1. .. Petitioners Vs. 1.S.Chandrasekar 2.Rajaraman .. Respondents Transfer Civil Miscellaneous Petition filed under section 24 of CPC to withdraw and transfer Original Suit No.1554 of 2006 from the file of Additional District Munsif Court, Madurai to the file of First Additional Sub Court, Madurai to be tried along with Original Suit Nos.563 of 2007, 1058 of 2010 and 1083 of 2010. For Petitioners : Mr.S.Ramesh For Respondents : Mr.R.Thirughanasambantham ORDER This Transfer Civil Miscellaneous Petition has been filed under section 24 of the Code of Civil Procedure, 1908 praying to withdraw and transfer Original Suit No.1554 of 2006 from the file of Additional District Munsif Court, Madurai to the file of First Additional Sub Court, Madurai so as to try the same along with Original Suit Nos.563 of 2007, 1058 of 2010 and 1083 of 2010. 2. It is stated in the petition that Original Suit No.1554 of 2006 has been instituted by the first petitioner, wherein the respondents have been shown as defendants and the first respondent as plaintiff has instituted Original Suit Nos.563 of 2007, 1058 of 2010 and 1083 of 2010 on the file of the First Additional Sub Court, Madurai. Since in all the suits, the suit property is one and the same, Original Suit No.1554 of 2006 is liable to be transferred from the file of Additional District Munsif Court, Madurai so as to try the same along with Original Suit Nos.563 of 2007, 1058 of 2010 and 1083 of 2010. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned counsel appearing for the respondents has contended that the present petitioners as petitioners have filed Tr.CMP No.14 of 2010 on the file of the District Court, Madurai for identical relief and the same is pending. Under the said circumstances the present petition is not legally maintainable. 4. In fact, the learned counsel appearing for the respondents has submitted a copy of Tr.CMP No.14 of 2010, wherein it has been clearly stated that Original Suit No.1554 of 2006, pending on the file of Additional District Munsif Court, Madurai is liable to be transferred to the file of the first Additional Sub court, Madurai so as to try the same along with Original Suit No.563 of 2007. 5. Considering the fact that Tr.CMP No.14 of 2010 is pending for identical relief, the present petition is not legally maintainable. Since the present petition is not legally maintainable, the same is liable to be dismissed. 6. In fine, this Transfer Civil Miscellaneous Petition deserves dismissal and accordingly is dismissed without cost. Connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Additional District Munsif Court, Madurai 2.The First Additional Sub Court, Madurai +1cc to Mr.V.Raghavachari, Advocate Sr.No.23248 mj Ssk/29.07.2011 /4c-2p/- Tr CMP (MD)No.157 of 2011 15.07.2011 https://hcservices.ecourts.gov.in/hcservices/