K. MITRA Vs. S. SULAKSHANA AND OTHERS

JUDGEMENT

(1.) These Transfer Civil Miscellaneous petitions have been filed to withdraw the suits in O.S.Nos.1550 of 2009 and 2157 of 2017 on the file of the I Additional City Civil Court, Chennai and to transfer the same to the file of the III Additional Judge, City Civil Court, Chennai to be tried along with O.S.No.1020 of 2017.

(2.) Earlier this Court by order dtd. 28/1/2009, had transferred both suits i.e, O.S.No.324 of 2007 [re-numbered as O.S.No.1550 of 2009] and O.S.No.644 of 2008 [suit filed by the first respondent herein] to the file of I Additional Judge, City Civil Court, Chennai. The petitioner herein along with his wife filed yet another suit in O.S.No.351 of 2009 seeking for partition and separate possession. The said suit in O.S.No.351 of 2009 had also been transferred to file of I Additional Judge, City Civil Court, Chennai, pursuant to the orders of this Court dtd. 7/12/2010. In the order dtd. 7/12/2010, this Court had made an observation that the suits in O.S.No.323 of 2007 and O.S.No.351 of 2009 were transferred to the file of the I Additional Judge, City Civil Court, Chennai, to be tried along with O.S.No.324 of 2009 [re-numbered as O.S.No.1550 of 2009]. It is pertinent to note here that O.S.No.323 of 2007 had been re-numbered as O.S.No.2157 of 2012 and O.S.No.351 of 2009 had been re-numbered as O.S.No.1020 of 2011 and all the three suits [O.S.Nos.1550 of 2009, 2157 of 2012 and 1020 of 2011] were clubbed together and a joint trial had been commenced, evidences were recorded in O.S.No.1020 of 2011 before the Ist Additional Judge, City Civil Court, Chennai.

(3.) Thereafter, since there was no Presiding Officer at that point of time in the I Additional City Civil Court, Chennai and the Assistant Judge-in-charge of the I Additional City Civil Court was not taking up the suits. The petitioner along with his wife filed C.R.P.(PD).No.3844 of 2016 before this Court seeking for early disposal of the suit in O.S.No.1020 of 2011. However, this court after considering the issue, had transferred the suit in O.S.No.1020 of 2011 to the file of III Additional Judge, City Civil Court, Chennai and a direction was given to the court below to dispose of the suit in day-to-day basis.