PURUSHOTHAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioners have filed the above Transfer Civil Miscellaneous Petition to withdraw and transfer the suit in O.S.No.18 of 2009 on the file of the District Munsif Court, Vanur to the file of the I Additional Sub Court, Tindivanam, to be heard and tried along with O.S.No.160 of 1996 and O.S.No.196 of 2003.

(2.) The petitioners filed the suit in O.S.No.18 of 2009 on the file of the District Munsif Court, Vanur, for permanent injunction restraining the official respondents 1 to 4 from constructing a house to the 5th defendant viz., the 5th respondent in the Transfer Civil Miscellaneous Petition, till the disposal of the suit in O.S.No.160 of 1996 pending on the file of the I Additional Sub Court, Tindivanam. The respondents in the Transfer Civil Miscellaneous Petition are the defendants in O.S.No.18 of 2009. The petitioners, instead of filing the suit in O.S.No.18 of 2009 for the relief mentioned above, could have filed an Interlocutory Application in O.S.No.160 of 1996 seeking for the said relief.

(3.) Mr. V. Lakshminarayanan, learned counsel appearing for the petitioners submitted that the defendants in O.S.No.18 of 2009 are not parties to the suit in O.S.No.160 of 1996.