1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2011 CORAM THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Tr.CMP (MD) No.33 of 2011 & M.P.(MD).No.1 of 2011 1.S.Pothiraja Gopalakrishnan 2.S.Pothiraja Radhakrishnan 3.S.Arun Pothiraja . . Petitioners/Petitioners Vs. 1.E.M.G.Soundarajan (died) 2.The Sub Registrar, (Registration Chokkikulam) Madurai. 3.The District Registrar (Registration), Madurai North, Madurai. 4.E.M.G.S.Indirani Ammal .. Respondents/Respondents Prayer:- This transfer Civil Miscellaneous petition is filed to withdraw and transfer O.S.No.936 of 2003 now pending on the file of Additional District Munsif Court, Madurai to the file of Principal Sub Court, Madurai to be tried along with O.S.No.671 of 2008, O.S.No.594 of 2009, O.S.No.675 of 2009, O.S.No.676 of 2009 and O.S.No.380 of 2008. For Petitioner: Mr.M.K.Hidayathullah for Mr.R.Duraimurugan For Respondents: Mr.N.Murugesan for R4 No appearance for R2 & R3 R1-died ORDER The plaintiffs in O.S.No.936 of 2003 on the file of the Additional District Munsif, Madurai are the petitioners herein. The suit is filed for the relief of permanent injunction restraining the first respondent, since deceased, who was according to the plaintiff is the Managing Trustee of the trust to which the suit property belongs, from alienating the suit property and from restraining the official defendants 2 and 3 from registering any document of encumbrance in respect of the suit property. Pending suit, the first defendant died and the fourth respondent herein, who is the wife of the first defendant, is arrayed as the fourth defendant in the suit and according to the plaintiff, she is the present Managing Trustee of the trust. 2. The petitioners have come forward with this transfer petition to withdraw and transfer O.S.No.936 of 2003 pending on the file of Additional District Munsif Court, Madurai, to the file of the Principal Sub-Court, Madurai to be tried along with batch of cases in O.S.Nos.671 and 380 of 2008 and O.S.Nos.594, 675 and 676 of 2009. https://hcservices.ecourts.gov.in/hcservices/ 2 3. According to the learned counsel for the petitioners, as per the earlier orders passed by this Court in Tr.CMP.(MD).No.163 of 2009 and Tr.CMP.(MD).Nos.280 to 284 of 2010, batch of suits are directed to be tried jointly by the Principal Sub-Court, Madurai. It is sought to be argued by the learned counsel for the petitioners that the relief sought for in the present suit is for restraining the first respondent from alienating the suit property, which is according to the petitioners belongs to trust and the other suits are filed by the individuals for effecting partition of suit property among the individuals as if the same are the family properties. As the relief sought for in the present suit is in respect of the same property, which is also the subject matter of other suits, for proper and an effective adjudication of main controversy in issue involved in respect of the nature of the suit property, the present suit has to be tried along with other suits and in the event of separate trial in O.S.No.936 of 2003 and other suits, the same is likely to result in conflicting judgments regarding the nature of the suit property as to whether the same belongs to trust or not leading to multiplicity of proceedings. 3. This Court finds much bonafide in such contention raised on the side of the petitioners. 4. The learned counsel for the fourth respondent has also expressed no serious objection for the present suit in question being transferred and tried along with other suits, in which the fourth respondent is also one of the parties. 5. In the result, the transfer civil miscellaneous petition is ordered as prayed for and O.S.No.936 of 2003 pending on the file of Additional District Munsif Court, Madurai is withdrawn and transferred to Principal Sub-Court, Madurai to be tried along with O.S.Nos.671 and 380 of 2008 and O.S.Nos.594, 675 and 676 of 2009 in accordance with law. Consequently, connected miscellaneous petition is closed. No costs. jikr Sd/- Assistant Registrar[P&A] /True copy/ To Sub Assistant Registrar 1. The Additional District Munsif, Madurai. 2. The Principal Subordinate Judge, Madurai. +1 cc to M/s.No.Murugesan, Advocate SR.No.5716. Order made in Tr.CMP (MD) No.33 of 2011 & M.P.(MD).No.1 of 2011 Dated:10.03.2011 2P/4C RPB 11.03.2011[I.T.] https://hcservices.ecourts.gov.in/hcservices/