N MANICKAM Vs. N KANAKARAJ

JUDGEMENT

(1.) THE petitioner/Plaintiff has filed the transfer C.M.P. praying for issuance of an order by this court to withdraw the suit in O.S.No.1227 of 2008 from the file of the Principal District Munsif of Coimbatore and transfer the same to the file of the First Additional Subordinate Judge, Coimbatore for joint trial along with I.A.No.932 of 2007 in O.S.No.1128 of 1997 on the file of the First Additional Subordinate Judge, Coimbatore.

(2.) THE first respondent herein is the brother of the petitioner/Plaintiff and the parties involved in O.S.No.1128 of 1997 on the file of the First Additional Sub Judge, Coimbatore is said to be part of the properties belonging to them as joint family properties. As a matter of fact, O.S.No.1128 of 1997 has been filed by the petitioner for partition and separate possession of his undivided share in those properties and the said suit has been decreed in his favour wherein his undivided equal interest has been given the sale of approval by means of passing of the preliminary decree.

(3.) IT cannot be gain said that the substantial suit for partition which was crystallized into a preliminary decree for partition of the petitioner's undivided share and resultant filing of an application praying for the relief of final decree in I.A.No.932 of 2007 is pending on the file of the First Additional Sub Judge, Coimbatore. The respondents No.6 and 7 having purchased during the pendency of final decree application I.A.No.932 of 2007 have also been brought on record as necessary parties to the said final decree application and according to the petitioner, the rights of the parties will have to be worked out in I.A.No.932 of 2007 in the pending final decree application.