C SRIDHAR Vs. N RUKMANI

JUDGEMENT

(1.) This Transfer Miscellaneous Petition has been filed praying that this Court may be pleased to withdraw the suit, in O.S.No.74 of 2007, on the file of the Subordinate Court, Poonamallee, and to transfer the same to the City Civil Court, Chennai, to be tried along with the suit, in O.S.No.5459 of 2007, pending on the file of the II Assistant City Civil Court, Chennai.

(2.) It has been stated that the respondent had filed an original suit, in O.S.No.5459 of 2007, against the petitioner for a decree of permanent injunction restraining the defendants therein from creating any encumbrance with regard to the suit property and from putting up any construction over the suit property. A detailed written statement had been filed by the petitioner, who is the first defendant in the said suit. However, the first respondent herein, the plaintiff in the suit, had amended the plaint. Therefore, the petitioner had filed an additional written statement.

(3.) It has also been stated that the first respondent, who has no right over the co-parcenary property, has filed the vexatious and frivolous suit, with a view to grab the same. While so, the first respondent had filed a suit, in O.S.No.74 of 2007, for partition and separate possession of the suit property, by metes and bounds and to allot 1/3rd of the undivided share in the suit property, bearing Door No.41, Singaram Pillai Street, Mogapair, Chennai. A written statement had also been filed in the said suit.