Mrs. J. Valarmathi v. Mr. S. Senthilkumar and 2 Others

ORDER This application has been filed by the plaintiff under Section 24 CPC seeking withdrawal of O.S.No.284 of 2026 from the file of the VI Additional City Civil Court, Chennai and transfer of the same to this Court to be tried along with C.S.No.199 of 2025.

¶2The applicant/plaintiff has filed C.S.No.199 of 2025 for partition, cancellation of the settlement deeds dated 12.07.2023 in respect of Items 3 to 6 and for mesne profits in respect of the business income from M/s.Sundar Stores and M/s.Sundar Metals. Her case is that the first defendant had agreed to pay amounts to her in connection with the release/settlement of the family properties and that the sum of Rs.60,00,000/- paid to her formed part of the said family arrangement.

¶3The first defendant has thereafter filed O.S.No.284 of 2026 before the VI Additional City Civil Court, Chennai, against the present plaintiff for recovery of Rs.60,00,000/- with interest, treating the said amount as a loan. Thus, the very same sum of Rs.60,00,000/- is the subject matter of both proceedings, though the parties have taken rival stands regarding its nature.

¶4The first respondent/first defendant has filed counter contending that the issues in O.S.No.284 of 2026 are not connected with the reliefs sought in C.S.No.199 of 2025 and that the transfer application has been filed only to harass him.

¶5On considering the pleadings, this Court finds that the contesting parties are substantially the same and both proceedings arise out of the same family transaction and surrounding circumstances. In C.S.No.199 of 2025, the plaintiff contends that Rs.60,00,000/- was paid as part of the family arrangement relating to release/settlement of shares. In O.S.No.284 of 2026, the first defendant projects the same payment as a loan transaction. Therefore, the cause of action and the evidence to be let in are substantially overlapping.

¶6If both matters are tried separately, there is every likelihood of duplication of evidence and conflicting findings regarding the same transaction and the same payment. Hence, for proper and complete adjudication, it is just and necessary that O.S.No.284 of 2026 be withdrawn and tried along with C.S.No.199 of 2025.

¶7Accordingly, A.No.1775 of 2026 is allowed. O.S.No.284 of 2026 pending on the file of the VI Additional City Civil Court, Chennai is withdrawn and transferred to this Court to be tried along with C.S.No.199 of 2025. The Registry is directed to call for the records and post the matter along with C.S.No.199 of 2025. No costs. 06-07-2026 Index: Yes/No Speaking/Non-speaking order AY To The VI Additional City Civil Court, Chennai. A.No.1775oofo2026 DR.A.D.MARIAoCLETE,oJ. AY AoNo.o1775oofo2026 in C.S.oNo.o199oofo2025 06-07-2026o

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A No. 1775 of 2026 in C.S. No. 199 of 2025 Mrs. J. Valarmathi D/o.Late.S.Sundaravel, W/o.C.Jaganathan, No.27/2, New Subramaniyam Nagar, Erikarai, Maduravoyal, Ch-95 ..Applicant(s) Vs 1. Mr. S. Senthilkumar S/o.Late.S.Sundaravel, Old.No.5A, New.No.15, Ground Floor, Sathiyapuri Street, Gokulam Colony, Ramakrishnapuram, West Mambalam, Ch-33 2. Mrs.Kanthimathi D/o.Late.S.Sundaravel, W/o.Chandrasekaran, B 1701, Casagrand Crescendo, Service Road, Nera Decathlon, Athipattu, Ambattur, Ch-58 3. Mrs.Indumathi D/o.Late.S.Sundaravel, W/o.Senthilkumar, No.51, Vishnu Nagar Main Road, Mudichur Road, Krishna Nagar, 1st Street, Tambaram West, Ch-45 ..Respondent(s) PRAYER: To Withdraw the suit in O.S.No.284 of 2026, pending on the file of VI Additional City Civil Court, Chennai and transfer the same to this Court to be tried jointly along with the above suit in C.S.No.199 of 2025. For Applicant(s): M/S.A.E.Ravichandran N.Anbazhagan D.Vishnu Varadhan J.Archana V.Thirumalai Vasan For Respondent(s): Mr.V.Rajesh for R1. R2, R3 – served – no appearance.