1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.04.2011 CORAM: THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tr.C.M.P.(MD)No.41 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 N.N.Swaminathan Chettiar ... Petitioner/Defendant Vs. S.M.Vairavan ... Respondent/Plaintiff PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to withdraw and transfer O.S.No.167 of 2010 pending before the Subordinate Court of Devakottai to the Subordinate Court of Melur for joint trial with O.S.No.364 of 2008. For Petitioner : Mr.V.Nagendran For Respondent : Mr.S.Veerasamy ORDER The petitioner is the plaintiff in O.S.No.167 of 2010, pending on the file of the Subordinate Court, Devakottai and the first defendant in O.S.No.364 of 2008 pending on the file of the Subordinate Court, Melur. O.S.No.364 of 2008 is one for partition and pending at the stage of cross examination of P.W.1 and O.S.No.167 of 2010 is filed for specific performance by the petitioner herein against the respondent herein and is at the written statement stage. 2. Considering the fact that both suits are between the same parties and the outcome of partition suit is likely to have greater bearing on the controversy in issue involved in specific performance suit and considering the fact that the Camp Court at Melur is functioning once in a week and the other Court is regular Subordinate Court, this Court is on consent of both the parties, inclined to order transfer as sought for herein. 3. The transfer is effected as referred above in the interest of all parties, in order to avoid conflicting judgment and multiplicity of proceedings and having regard to the convenience of the parties. As the distance between Melur or Devakottai as the case may be and the place or residence of the parties concerned is shorter, the transfer will not in any manner cause inconvenience to or prejudice the right of either of other parties, who have been residing more or less at the same distance from Melur or Devakottai as the case may be. On the other hand, the simultaneous trial of both the cases by one and the same Court is likely to avoid conflicting judgments and multiplicity of proceedings. 4. In the result O.S.No.364 of 2008, pending on the file of the Subordinate Court, Melur is withdrawn https://hcservices.ecourts.gov.in/hcservices/ 2 and transferred to the Subordinate Court, Devakottai, to be tried simultaneously with O.S.No.167 of 2010. The respondent herein, who is the sole defendant in O.S.No.167 of 2010, is directed to file his written statement within fifteen days from the date of receipt of the copy of this order. The trial Court is directed to frame issues within two weeks thereafter and in the meanwhile, the Subordinate Court, Melur is directed to transfer the case records relating to O.S.No.364 of 2008 to the Subordinate Court, Devakottai for simultaneous trial along with O.S.No.167 of 2010. As O.S.No.364 of 2008 is of the year 2008, the Subordinate Court, Devakottai is directed to dispose of the cases expeditiously by not later than six months from the date of receipt of the copy of this order and the records in O.S.No.364 of 2008. 5. Accordingly, this Transfer Civil Miscellaneous Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed. No costs. SD DEPUTY REGISTRAR ( LA ) /TRUE COPY/ SSL ASST REGISTRAR To 1. The Subordinate Judge, Subordinate Court, Devakottai. 2. The Subordinate Judge, Subordinate Court, Melur. 1CC TO MR. V. NAGENDRAN, ADVOCATE, SR: 13187: DM:2011::MAY:04:: Tr.C.M.P.(MD)No.41 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 08.04.2011 2P:4C:: https://hcservices.ecourts.gov.in/hcservices/