IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 28.4.2010 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Tr.C.M.P.Nos.463, 464, 465, 466 and 467 of 2009 1. Govindammal 2. Dhanam Ammal 3. Bangaru Ammal … Petitioners in Transfer C.M.P.No.463 of 2009 vs. 1. Lakshmi Ammal 2. Ammayi Ammal .. Respondents in Transfer C.M.P.No.463 of 2009 Ranganathan .. petitioner in Transfer C.M.P.No.464 of 2009 Vs 1. Lakshmi Ammal 2. Ravi .. Respondents in Transfer C.M.P.No.464 of 2009 Bangaru Ammal ..Petitioner in Transfer C.M.P.No.465 of 2009 Vs. 1. Lakshmi Ammal 2. Ravi .. Respondents in Transfer C.M.P.No.465 of 2009 Dhanam Ammal .. petitioner in Tr.C.M.P.No.466 of 2009 Vs 1. Lakshmi Ammal 2. Ravi .. Respondents in Transfer C.M.P.No.466 of 2009 Govindammal .. Petitioner in Transfer C.M.P.No.467 of 2009 https://hcservices.ecourts.gov.in/hcservices/ Vs 1. Lakshmi Ammal 2. Ravi .. Respondents in Transfer C.M.P.No.467 of 2009 Tr.C.M.P.No.463 of 2009: This Tr.C.M.P.No.463 of 2009, has been filed to withdraw the suit in O.S.No.13 of 2008, pending on the file of the District Court at Villupuram and transfer the same to the file of the Additional District Court, (Fast Track Court III) at Vridhachalam. Tr.C.M.P.No.464 of 2009: This Tr.C.M.P.No.464 of 2009, has been filed to withdraw the suit in O.S.No.122 of 2008, pending on the file of the Additional Subordinate Judge’s Court, at Virddhachalam, and transfer the same to the file of the Additional District Court, (Fast Track Court III) at Vriddhachalam. Tr.C.M.P.No.465 of 2009: This Tr.C.M.P.No.465 of 2009, has been filed to withdraw the suit in O.S.No.32 of 2008, pending on the file of the Additional District Munsif Court-I at Vriddhachalam and transfer the same to the file of the Additional District Court, (Fast Track Court III) at Vriddhachalam. Tr.C.M.P.No.466 of 2009: This Tr.C.M.P.No.466 of 2009, has been filed to withdraw the suit in O.S.No.33 of 2008, pending on the file of the Additional District Munsif Court-II at Vriddhachalam and transfer the same to the file of the Additional District Court, (Fast Track Court III) at Vriddhachalam. Tr.C.M.P.No.467 of 2009: This Tr.C.M.P.No.467 of 2009, has been filed to withdraw the suit in O.S.No.34 of 2008, pending on the file of the Principal District Munsif Court at Vriddhachalam and transfer the same to the file of the Additional District Court, (Fast Track Court III) at Vriddhachalam. For petitioners : Mr.R.Yashod Vardhan, S.C.for in all the Petitions Mr.V.Anand https://hcservices.ecourts.gov.in/hcservices/ For Respondents : Mr.V.Lakshmi Narayanan for R1 and R2 in Tr.C.M.P.No.464 To 467 of 2009 R-1 in Tr.C.M.P.No.463/2009 Mr.R.Nagasundaram for R2 in Tr.C.M.P.No.463 of 2009 C O M M O N O R D E R The learned counsel appearing on behalf of the petitioners in the above Civil Revision Petitions had submitted that the parties to the suits and the properties, which are the subject matter of the suits, are the same. Further, the result of all the suits would depend upon the validity of the Will executed by Perumal Chettiar, the husband of Ammayi Ammal, on 26.2.2001. 2. It has also been stated that the subsequent settlement and the other documents by Ammayi Ammal would stand or fall, as per the validity of the Will executed by Perumal Chettiar. The cause of action, the parties and the properties are intertwined and interdependent on one anther. Therefore, in order to avoid conflicting decisions and for the reason that it would help the Court concerned to arrive at a just decision, it would be appropriate if all the suits are tried before the same Court. 3. In the counter affidavit filed on behalf of the respondents, it has been stated that the first respondent, namely, Lakshmi Ammal had filed the suit, in O.S.No.13 of 2008, on the file of the District Court, Villupuram, for partition and for separate possession of the suit properties, which are located throughout the district of villupuram and a few of the properties are situated at Cuddalore District. Since, the District court is having the territorial and pecuniary jurisdiction, the suit, in O.S.No.13 of 2008, had been filed before the District Court, Villupuram. 4. It has been stated that, on receipt of the notice in the partition suit, the petitioners had filed the vexatious suits before the various Courts only with the mala fide intention of prolonging the process of partition and to harass the respondent. The cases are listed as shown below: Sl. No. Case No Suit for Court 1 O.S.No.122 of 2008 Suit for declaration Sub-Court, Virudachalam 2 O.S.No.32 of 2008 Suit for declaration ADM-I, Virudachalam https://hcservices.ecourts.gov.in/hcservices/ Sl. No. Case No Suit for Court 3 O.S.No.33 of 2008 Suit for declaration ADM-II, Virudachalam 4 O.S.No.34 of 2008 Suit for declaration PDM, Virudachalam 5 O.S.No.13 of 2008 Suit for declaration District Court, Villupuram 5. It has also been stated that the schedule of the properties in the suit are not one and the same. The description of the suit vary from one suit to another. The cause of auction of the suit is also different. In such circumstances, the transfer miscellaneous petitions may be dismissed, as they are devoid of merit. 6. In view of the averments made on behalf of the petitioners and taking into consideration the fact that the issues arising for consideration in the suits are substantially the same and as the parties to the suit are also the same, this Court finds it appropriate to transfer the suits, in O.S.No.122 of 2008, pending on the file of the Sub-Court, Virudachalam, O.S.No.32 of 2008, pending on the file of the I Additional District Munsif Court, Virudachalam, O.S.No.33 of 2008, pending on the file of the II Additional District Munsif, Virudachalam, O.S.No.34 of 2008, pending on the file of the Principal District Munsif Court, Virudachalam, and O.S.No.13 of 2008, pending on the file of the District Court, Villupuram, are withdrawn and transferred to the file of the Additional District Court, (Fast Track Court III), at Vridhachalam, to be tried and disposed of, on merits and in accordance with law. Accordingly, the transfer civil miscellaneous petitions are ordered accordingly. No costs. Consequently, connected M.P.Nos.1,1,1,1 and 1 of 2009 are closed. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar To 1.The District Judge, Villupuram. 2.The Subordinate Judge, Vridhachalam 3.The 1st Additional District Munsif, Vridhachalam. https://hcservices.ecourts.gov.in/hcservices/ 4.The IInd Additional District Munsif, Vridhachalam. 5.The Principal District Munsif, Vridhachalam. 6. The Additional District Judge, (Fast Track Court-III) Vridhachalam. 1 cc to Mr.V.Anand, Advocate, Sr.No.28678 5 cc to Mr.V.Raghavachari, Advocate, Sr.No.28652 to 28656 Tr.C.M.P.Nos.463, 464, 465, 466 and 467 of 2009 PA {CO} TP/13.5.2010. https://hcservices.ecourts.gov.in/hcservices/