1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2011 CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI Tr.C.M.P(MD)No.29 of 2011 and M.P.(MD)No.1 of 2011 V.Chinniah .. Petitioner .vs. 1. M.Nallusamy 2. Pitchaimuthu 3. Sakthivel 4. S.M.Rathinam 5. Govindarajan 6. R.Ganesan 7. Chandrasekaran 8. Vijayakumar 9. Ayyasamy 10.K.Baskar 11.P.Sivanganam 12.Thennarasu .. Respondents PRAYER: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code to transfer O.S.No.107 of 2010, on the file of the Principal Sub-Judge, Karur to District Court, Karur to try along with I.P.No.9 of 2010 and C.M.A.NO.14 of 2010. For Petitioner : Mr.M.Chokkalingam For Respondents : Mr.N.Shanmugaselvam for R.1 and R.5 For R.2 : Mr.S.Deenadhayalan For R.3,R.4, R.8, R.9, R.11 and R.12: No Appearance O R D E R As the learned Counsel for the petitioner herein seeks to dispense with the service of notice to the respondents 6 and 7 on the ground that they are already set ex-parte in I.P.No.9 of 2010, pending before Principal District Court, Karur. Notice is dispensed with for the respondents 6 and 7. The other respondents are duly served with notice and the respondents 1, 2 and 5 are represented by their Counsel. https://hcservices.ecourts.gov.in/hcservices/ 2 2. Heard the learned Counsel for the petitioner and the learned Counsel for the respondents 1,2 and 5. 3. The petitioner herein sought for transfer of O.S.No.107 of 2010, from the file of Principal Sub-Court, Karur to District Court, Karur to be tried along with I.P.No.9 of 2010 and C.M.A.No.14 of 2010. 4. From the facts made available from the records, it is seen that the petitioner herein is the judgment debtor in O.S.No.153 of 2002, arising out of which E.P.No.193 of 2006, pending on the file of Additional Subordinate Court, Karur, in which the property which is the subject-matter in the course of which sale of the mortgaged property is ordered by the Executing Court after due contest and sale is effected. The petition filed by the judgment-debtor to set aside the sale deed was dismissed and C.M.A.No.14 of 2010 is filed by the judgment-debtor against the order rejecting his application to set aside the same. O.S.No.107 of 2010, on the file of Principal Sub- Judge, Karur, which is sought to be transferred herein is filed by the second respondent herein for recovery of money based on mortgage of the same property, which is already sold in E.P.No.193 of 2006 and the suit is pending for filing written statement by the petitioner herein or the defendant therein. I.P.No.9 of 2010 is filed by the petitioner herein, who is the judgment-debtor and the defendant in the suit above referred to during the pendency of the execution proceedings and during the pendency of the suit in O.S.No.107 of 2010. 5. The petitioner has come forward with the present transfer petition to transfer O.S.No.107 of 2010 to District Court, Karur to try along with I.P.No.9 of 2010 and C.M.A.NO.14 of 2010 only on the ground that the property which is the subject-matter of all the proceedings is one and the same. 6. In my considered view that by itself will not be a ground to order joint trial of all the three proceedings above referred to for the simple reason that the controversy in issue involved in all the three proceedings are totally different and the same cannot be and need not be tried either jointly or simultaneously by the same Court and the failure to try all the three proceedings together will not lead to any conflicting orders and multiplicity of proceedings and the state of affairs involved herein. The only ground is made out to order joint trial of I.P., and C.M.A. which is only the appeal proceedings arising out of against the E.P. proceedings. That being so, this Court is not inclined to allow the transfer petition as sought for herein. https://hcservices.ecourts.gov.in/hcservices/ 3 7. In the result, this Transfer Civil Miscellaneous Petition is dismissed. Consequently, the connected Miscellaneous Petition is also dismissed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Assistant Registrar To 1. The Principal Subordinate Judge, Karur 2. The District Judge, Karur +1cc to Mr.N.Shanmugaselvam, Advocate, Sr.No.8246 Tr.C.M.P(MD)No.29 of 2011 and M.P.(MD)No.1 of 2011 25.03.2011 SSL SMA/18.04.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/