IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 27.08.2008 Coram The Honourable Mr.Justice S.RAJESWARAN Tr.C.M.P. Nos.252 and 253 of 2008 and M.P.Nos.1 and 1 of 2008 Stephen Selvaraj ... Petitioner in both petitions Vs. 1. K.Bama 2. David Selvaraj 3. V.Asirvatham ... Respondents in both petitions I) Tr. C.M.P.No.252 of 2008 has been filed to withdraw and transfer O.S.No.266 of 2005 from the file of Fast Track Court IV, Poonamallee to the file of Principal District Judge, Thiruvallur to be tried along with O.S.No.379 of 2007 on the file of Principal District Judge at Tiruvallur. II) Tr. C.M.P.No.253 of 2008 has been filed to withdraw and transfer O.S.No.425 of 2005 from the file of District Munsif Court, Poonamallee, to the file of Principal District Judge, Tiruvallur, to be tried along with O.S.No.379 of 2007 on the file of Principal District Judge at Tiruvallur. For Petitioner : Mr.Srinath Sridevan For respondents : Ms. I.Navaneetha Rani-R1 C O M M O N O R D E R Tr. C.M.P.No.252 of 2008 has been filed by the petitioner/first defendant in O.S.No.266 of 2005 pending on the file of Fast Track Court IV, Poonamallee to transfer O.S.No.256 of 2005 to the file of Principal District Judge, Thiruvallur, to be tried along with O.S.No.379 of 2007 on the file of Principal District Judge at Tiruvallur. Tr.C.M.P.No.253 of 2008 has been filed by the very same petitioner/first defendant in O.S.No.425 of 2005 on the file of Dstrict Munsif Court, Poonamallee to transfer O.S.No.425 of 2005 to the file of Principal District Judge, Thiruvallur, to be tried along with O.S.No.379 of 2007 on the file of Principal District Judge at Tiruvallur. 2. Notice was ordered in both petitions on 9.7.2008 and interim stay was also granted by a common order. First respondent entered appearance through her counsel and filed a detailed common counter to both the transfer petitions. https://hcservices.ecourts.gov.in/hcservices/ 3. I have heard the learned counsel appearing for the petitioner as well as the first respondent and I have also gone through the documents filed in support of their submissions. 4. The learned counsel appearing for the petitioner submits that the suit in O.S.No.266 of 2005 is for the relief of specific performance of the Contract of sale agreement dt.20.8.2002 filed by the first respondent herein/the plaintiff against the petitioner and the respondents 2 and 3/defendants 2 & 3. The said suit O.S.No.266 of 2005 has been transferred to Fast Track Court No.4, Poonamallee and given the same number and the same is pending. While so, a suit in O.S.No.379 of 2007 was filed before the Principal District Judge, Tiruvallur against the petitioner and the respondents 1 and 2 herein for the relief of partition and separate possession of the plaintiff's 43/60 share in the suit property. The first respondent herein has also filed a suit in O.S.No.425 of 2005 on the file of the District Munsif Court, Poonamallee against the petitioner herein and the respondents 2 & 3 for a permanent injunction restraining the defendants in that suit from alienating the suit lands to third parties suppressing the existing contract of sale with the plaintiff. According to the learned counsel, in all the cases the parties are one and the same except in one suit and therefore for the sake of convenience of the parties and to avoid multiplicity of proceedings, it is always better to transfer O.S.No.425 of 2005 and O.S.No.266 of 2005 to the Principal District Judge, Tiruvallur to be tried along with O.S.No.379 of 2007. 5. The learned counsel appearing for the first respondent while reiterating the averments made in the common counter submits that O.S.No.266 of 2005 filed by the first respondent herein for specific performance of contract of sale is in the part heard stage before the Fast Track Court No.IV, Poonamallee and the parties are also in the box. Whereas O.S.No.425 of 2005 is filed by her for permanent injunction, wherein the trial is yet to be commenced. O.S.No.379 of 2007 is at the stage of receiving written statement. Moreover, according to her, trying all the three cases together at this point of time will unnecessarily delay the matter further. It is submitted that taking advantage of the pendency of the transfer petitions, the petitioners herein are also selling away the property to the detriment of the interest of the first respondent and therefore, she prays for the dismissal of the above transfer miscellaneous petitions as devoid of merits. Further the third respondent has expired on the date of filing of the transfer petitions but no steps have been taken so far to implead the legal representatives of the third respondent. . Hence, she adds that there is no bonafide on the part of the petitioners in filing the above transfer petitions. 6. I find considerable force in the submissions made by the learned counsel appearing for the first respondent. As seen from the records and submissions made by the learned counsel appearing for https://hcservices.ecourts.gov.in/hcservices/ the first respondent, suit in O.S.No.266 of 2005 is in the part heard stage before the Fast Track Court IV, Poonamallee and O.S.No.425 of 2005, the trial is yet to be commenced and O.S.No.379 of 2007, the pleadings are not yet completed. Therefore, the transfer as sought for by the petitioner, cannot be considered. 7. In so far as the transfer C.M.P.No252 of 2008 is concerned, the prayer in the petition is to transfer O.S.No.266 of 2005 to be tried along with O.S.No.379 of 2007, which was filed by 8 plaintiffs in that suit, but they were not made as parties in the petition, even though they were referred to in the affidavit filed in support of transfer C.M.P.No.252 of 2008. That apart, the third respondent in both the transfer petitions is not a party in O.S.No.379 of 2007. 8. Hence both transfer miscellaneous petitions do not merit any consideration and the petitioner has not made out a case before this Court for transferring the above said cases. In the result, the above petitions are devoid of merits and the same are liable to be dismissed. 9. Consequently, these transfer Miscellaneous petitions are dismissed. No costs. Consequently, connected M.P.No.1 + 1 of 2008 are also dismissed. sg/vaan Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To 1.The Fast Track Court No.IV, Poonamallee 2.The Principal District Judge, Tiruvallur 3.The District Munsif, Poonamallee + 1 cc to Mr. Srinath Sridevan, Advocate, SR No.48437 + 1 cc to Mr. Navaneetha Rani, Advocate, SR No.49006 KA(CO) SR/19.11.2008 Tr.C.M.P.Nos.252 & 253 of 2008 and M.P.No.1 + 1 of 2008 https://hcservices.ecourts.gov.in/hcservices/