BHASKARAN Vs. R M KAVIARASU; PREMA; RAJESWARI

JUDGEMENT

(1.) Heard the submission of Mr.C.Jagadish, learned counsel appearing on behalf of the Revision Petitioner and Mr.Dr.C.Ravichandran, learned counsel appearing on behalf of the Respondent.

(2.) O.S.No.121 of 2010 was filed by the 1st respondnet in the present Revision Petition on the file of the District Munsif Court, Paramathi with a prayer for permanent injunction with regard to the suit property against the Revision Petitioner. In O.S.No.76 of 2012 was filed by the Revision Petitioner against the Respondents on the file of the Subordinate Court, Namakkal, seeking a relief of permanent injunction against the Respondents with regard to the same suit property.

(3.) Since, the Revision Petitioner wanted both the suits to be tried together, an Application was preferred under Section 24 r/w Section 151 of C.P.C before the Principal District Court, Namakkal in Transfer O.P.No.22 of 2012. The primary ground based on which the Petitioner sought for transfer of Suit to the Namakkal Court from the Paramathi Court is that the suit property, parties to the suit, the issue to be considered, the evidences to be marked and the witnesses to be examined were the same in both the suits and if the suits were tried in different Courts, conflict of decisions might arise and hence, it is just and necessary that O.S.No.121 of 2010, on the file of the District Munsif Court, Paramathi, shall be transferred to the Namakkal Court and both the suits shall be jointly tried.