1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM Tr CMP (MD)No.155 of 2011 and MP(MD)No.1 of 2011 Mohammed Khadar .. Petitioner/Defendant Vs. 1.S.M.Syed Mohammed Sadhuli 2.Raihan Beevi .. Respondents/Plaintiffs Transfer Civil Miscellaneous Petition filed under section 24 of CPC to withdraw and transfer Original Suit No.167 of 2007 from the file of District Munsif Court, Madurai Taluk to the file of Principal Sub court, Madurai to be tried along with Original Suit No.573 of 2009. For Petitioner : Mr.R.Sankar Ganesh For Respondents : No appearance 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.167 of 2007 from the file of District Munsif Court, Madurai Taluk to the file of Principal Sub court, Madurai so as to try the same along with Original Suit No.573 of 2009. 2. It is stated in the petition that the respondents herein as plaintiffs have instituted Original Suit No.167 of 2007 on the file of the District Munsif Court, Madurai Taluk for the relief of permanent injunction, wherein the present petitioner has been shown as defendant. Likewise, the present petitioner as plaintiff has instituted Original Suit No.573 of 2009 on the file of the Principal Sub Court, Madurai for the relief of permanent injunction, wherein the present respondents have been shown as defendants and in both the suits the suit property is one and the same. Under the said circumstances, the present petition has been filed for getting the relief sought for therein. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Even though the respondents have been served with summonses, appearance has not been made and therefore, the present petition is disposed of on merits. 4. It is an admitted fact that Original Suit No.167 of 2007 has been instituted on the file of the District Munsif Court, Madurai Taluk for the relief of permanent injunction. Likewise, Original Suit No.573 of 2009 has been instituted on the file of the Principal Sub court, Madurai for the relief of permanent injunction. In both the suits, the suit property is one and the same. Considering the fact that in both the suits the suit property is one and the same, this Court is of the view to allow the present petition. 5. In fine, this petition is allowed without cost and Original Suit No.167 of 2007 is ordered to withdrawn and transferred from the file of District Munsif Court, Madural Taluk to the file of Principal Sub Court, Madurai. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar To 1.The Principal Sub Judge, Madurai 2.The District Munsif Judge, Madural Taluk mj ssk/25.07.2011 /3c-2p/- Tr CMP (MD)No.155 of 2011 15.07.2011 https://hcservices.ecourts.gov.in/hcservices/