1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION Nos.2160 to 2162 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 Civil Revision Petition No.2160 of 2011: R.Dinakaran .. Petitioner/Respondent Vs. 1.M.Parameswari 2.Minor Maruthamuthupandi 3.Minor Pandimeena (Minor respondents 2 and 3 are represented through their mother and guardian first respondent) 4.Rajalakshmi .. Respondents/Petitioners Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 08.08.2011 passed in Transfer Original Petition No.23 of 2010 by the Principal District and Sessions Court, Theni. For Petitioner : Mr.G.R.Swaminathan For Respondents : Mr.S.Anand Chandrasekar for M/s.Sarvabhauman Associates Civil Revision Petition No.2161 of 2011: 1.R.Dinakaran 2.D.Rajkumar .. Petitioners/Respondents Vs. 1.M.Parameswari 2.Minor Maruthamuthupandi 3.Minor Pandimeena (Minor respondents 2 and 3 are represented through their mother and guardian first respondent) 4.Rajalakshmi .. Respondents/Petitioners https://hcservices.ecourts.gov.in/hcservices/ 2 Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 08.08.2011 passed in Transfer Original Petition No.24 of 2010 by the Principal District and Sessions Court, Theni. For Petitioners : Mr.G.R.Swaminathan For Respondents : Mr.S.Anand Chandrasekar for M/s.Sarvabhauman Associates Civil Revision Petition No.2162 of 2011: 1.R.Dinakaran 2.S.Manimeghalai 3.D.Rajkumar .. Petitioners/Petitioners Vs. Murugan (died) 1.M.Parameswari 2.Minor Maruthamuthupandi 3.Minor Pandimeena (Minor respondents 2 and 3 are represented through their mother and guardian first respondent) 4.Rajalakshmi 5.Central Bank of India through its Branch Manager, Seelayampatti Branch, Seelayampatti, Theni District. .. Respondents/Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 08.08.2011 passed in Transfer Original Petition No.41 of 2010 by the Principal District and Sessions Court, Theni. For Petitioners : Mr.G.R.Swaminathan For Respondents : Mr.S.Anand Chandrasekar 1 to 4 for M/s.Sarvabhauman Associates For 5th Respondent : No Appearance COMMON ORDER The common order dated 08.08.2011 passed in Transfer Original Petition Nos.23, 24 and 41 of 2010 by the Principal District and Sessions Court, Theni is being challenged in the present Civil Revision Petitions. https://hcservices.ecourts.gov.in/hcservices/ 3 2. The respondents in Civil Revision Petition Nos.2160 and 2161 of 2010 as petitioners have filed Transfer Original Petition Nos.23 and 24 of 2010 so as to transfer Original Petition No.1 of 2010 and Original Suit No.48 of 2006 from the file of the District Munsif Court, Periyakulam to the file of Fast Track Court, Periyakulam so as to try along with Original Suit No.18 of 2006. Likewise, the revision petitioners in Civil Revision Petition No.2162 of 2011 as petitioners have filed Transfer Original Petition No.41 of 2010 to transfer Original Suit No.18 of 2006 from the file of the Fast Track Court, Periyakulam to the file of Principal District Court, Theni. The Court below after considering all the contentions raised on either side has allowed Transfer Original Petition Nos.23 and 24 of 2010 and dismissed Transfer Original Petition No.41 of 2010 by way of passing a common order. Against the common order passed by the Court below, these Civil Revision Petitions have been preferred at the instance of the petitioners in Transfer Original Petition No.41 of 2010 and respondents in Transfer Original Petition Nos.23 and 24 of 2010 as Civil Revision Petitioners. 3. Before considering the submissions made on the side of the revision petitioners, the Court has to look into the institution of Original Petition No.1 of 2010, Original Suit Nos.18 of 2006 and 48 of 2006. It is an admitted fact that Original Petition No.1 of 2010 has been filed on the file of the District Munsif Court, Periyakulam praying to pass a relief of redemption. Likewise Original Suit No.48 of 2006 has been filed on the file of the same Court praying to pass a decree of permanent injunction and Original Suit No.18 of 2006 has been filed on the file of the Principal District Court, Theni for the relief of specific performance and subsequently transferred to the file of the Fast Track Court, Theni. Further it is seen from the records that all the proceedings are related to same property. 4. As stated earlier Transfer Original Petition No.23 of 2010 has been filed so as to transfer Original Petition No.1 of 2010 from the file of the District Munsif Court, Periyakulam to the file of the Fast Track Court, Periyakulam and Transfer Original Petition No.24 of 2010 has been filed so as to transfer Original Suit No.48 of 2006 from the file of the District Munsif Court, Periyakulam to the file of Fast Track Court, Periyakulam. Considering the fact that a suit for specific performance is pending in Original Suit No.18 of 2006 on the file of Fast Track Court, Periyakulam and also considering that Original Petition No.1 of 2010 and Original Suit No.48 of 2006 have been filed only with regard to same property, it is needless to say that all the proceedings must be tried together. Under the said circumstances, the reliefs sought for in Transfer Original Petition Nos.23 and 24 of 2010 can easily be granted. 5. The learned counsel appearing for the revision petitioners has contended that originally the specific performance suit has been instituted on the file of the Principal District Court, Theni and the Principal District Court, Theni has no jurisdiction to transfer the same to the file of the Fast Track Court, Periyakulam, since the Fast Track Court, Periyakulam comes within the contour of Madurai District https://hcservices.ecourts.gov.in/hcservices/ 4 and under the said circumstances Transfer Original Petition No.41 of 2010 has been filed so as to transfer Original Suit No.18 of 2006 from the file of the Fast Track Court, Periyakulam to the file of Principal District Court, Theni and the Court below has erroneously allowed Transfer Original Petition Nos.23 and 24 of 2010 and erroneously dismissed Transfer Original Petition No.41 of 2010. 6. It has already been pointed out that all the proceedings are related to same property. Further the Fast Track Court, Periyakulam comes within the limit of Theni District and therefore the Principal District Judge, Theni is having unfettered power to transfer the suit instituted for the relief of specific performance. Therefore the contentions putforth on the side of the revision petitioners cannot be accepted. 7. The Court below after considering the nature of the reliefs sought for in Original Petition No.1 of 2010 and in Original Suit Nos.18 of 2006 and 48 of 2006, has rightly allowed Transfer Original Petition Nos.23 and 24 of 2010 and also rightly dismissed Transfer Original Petition No.41 of 2010. In view of the discussion made earlier, this Court has not found any error in the common order passed by the Court below and altogether these Civil Revision Petitions deserve to be dismissed. 8. In fine, these Civil Revision Petitions deserve dismissal and accordingly are dismissed without costs and the common order passed in Transfer Original Petition Nos.23, 24 and 41 of 2010 by the Principal District and Sessions Court, Theni is confirmed. However the Fast Track Court, Periyakulam is directed to dispose of all the proceedings before the end of February, 2012 and report the same to the Registry without fail. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1.The Principal District and Sessions Judge, Theni. 2.The Judge, Fast Track Court,Periyakulam. Copy to: The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.Sarvabhauman Associates (SR.No.41787) COMMON ORDER MADE IN C.R.P(PD)(MD)Nos.2160 to 2162 of 2011 and M.P(MD)No.1 of 2011 28.11.2011 smn NSV/9.12.11/4P/5C https://hcservices.ecourts.gov.in/hcservices/