Mr. K.S. Ganesh Rao v. Mrs. B. Lakshmi Bai and 4 Others

ORDER Heard.

¶2This application has been filed seeking withdrawal of O.S.No.6246 of 2024 from the file of the learned XVII Additional City Civil Court, Chennai, and transfer of the same to the file of this Court to be tried jointly along with C.S.No.115 of 2025. The applicant states that the parties in both proceedings are members of the same family and that the issues arising in both matters are interconnected, particularly in relation to the suit property and the rival claims founded on the settlement deed dated 04.09.2019.

¶3It is seen from the affidavit filed in support of the application that the present suit in C.S.No.115 of 2025 is one for partition and other consequential reliefs, and that O.S.No.6246 of 2024 is a suit instituted by some of the respondents in respect of the same property seeking recovery of possession, damages and injunction. The applicant has specifically pleaded that a joint trial would avoid conflicting findings and would also serve the ends of justice.

¶4When the matter is taken up for hearing, the respondents have endorsed no objection for allowing this application. Page5 of 6

¶5Considering the nature of the dispute, the identity of parties, the overlap in the subject matter and the issues arising for consideration in both suits, and in view of the endorsement made by the respondents expressing no objection, this Court is of the view that the application deserves to be allowed.

¶6Accordingly, this application is allowed and O.S.No.6246 of 2024 on the file of the learned XVII Additional City Civil Court, Chennai, is withdrawn and transferred to the file of this Court, to be tried along with C.S.No.115 of 2025.

¶7The Registry is directed to take appropriate steps for calling for the records from the learned XVII Additional City Civil Court, Chennai. No costs. 17-03-2026 Index: Yes/No Speaking/Non-speaking order MFA AoNo.o4866oofo2025 DR.A.D.MARIAoCLETE,oJ. MFA AoNo.o4866oofo2025 IN CSoNO.o115oOFo2025 17-03-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2026 CORAM THE HON'BLE DR.JUSTICE A.D.MARIA CLETE IN CS NO. 115 OF 2025 Mr. K.S. Ganesh Rao Aged about 53 years, S/o.K.R.Sathyanarayana Rao, Old.No.47, New No.44, Flat No.F3, 1st Floor, Thirupalli Street, Sowcarpet, Chennai-600001 ..Applicant(s) Vs 1. Mrs. B. Lakshmi Bai and 4 others Aged about 54 years, D/o.K.R.Sathyanarayana Rao, No.6/13, Vandalur Ranga Pillai Street, Sowcarpet, Chennai-600001 2. K.S.Panduranga Rao Aged about 51 years, S/o.K.R.Sathyanarayana Rao, Old.No.79, New No.44, Flat No.S3, 2nd Floor, Thirupalli Street, Sowcarpet, Chennai-600001 3. K.S.Peethmabar Rao Aged about 50 years, S/o.K.R.Sathyanarayana Rao, Old.No.79, New No.44, Flat No.S2, 2nd Floor, Thirupalli Street, Sowcarpet, Chennai-600001 4. K.C.Latha Bai Aged about 52 years, W/o.Late.K.S.Chandrasekar Rao, Old.No.79, New No.44, Flat No.F2, 1st Floor, Thirupalli Street, Sowcarpet, Chennai-600001 5. K.C.Jai Kishan Aged about 25 years, S/o.Late.K.S.Chandrasekar Rao, Page2 of 6 Old.No.79, New No.44, Flat No.F2, 1st Floor, Thirupalli Street, Sowcarpet, Chennai-600001 ..Respondent(s) CS No. 115 of 2025 Mr. K.S. Ganesh Rao Aged about 53 years, S/o.K.R.Sathyanarayana Rao, Old.No.47, New No.44, Flat No.F3, 1st Floor, Thirupalli Street, Sowcarpet, Chennai-600001 Appellant(s) Vs 1. Mrs. B. Lakshmi Bai and 4 others Aged about 54 years, D/o.K.R.Sathyanarayana Rao, No.6/13, Vandalur Ranga Pillai Street, Sowcarpet, Chennai-600001 2. K.S.Panduranga Rao Aged about 51 years, S/o.K.R.Sathyanarayana Rao, Old.No.79, New No.44, Flat No.S3, 2nd Floor, Thirupalli Street, Sowcarpet, Chennai-600001 3. K.S.Peethmabar Rao Aged about 50 years, S/o.K.R.Sathyanarayana Rao, Old.No.79, New No.44, Flat No.S2, 2nd Floor, Thirupalli Street, Sowcarpet, Chennai-600001 4. K.C.Latha Bai Aged about 52 years, W/o.Late.K.S.Chandrasekar Rao, Old.No.79, New No.44, Flat No.F2, 1st Floor, Thirupalli Street, Sowcarpet, Chennai-600001 5. K.C.Jai Kishan Aged about 25 years, S/o.Late.K.S.Chandrasekar Rao, Old.No.79, New No.44, Flat No.F2, 1st Floor, Thirupalli Street, Sowcarpet, Chennai-600001 Respondent(s) Page3 of 6 To transfer the suit in O.S.No.6246 of 2024, on the file of the XVII Additional City Civil Court at Chennai to the file of this Honble Court and to be tried jointly with the present suit. CS No. 115 of 2025 a) A preliminary decree declaring that the Plaintiff is entitled to 1/5th share in the Suit Property as detailed in the Schedule A to D b) to declare the settlement Deed dated 04/09/2019 alleged to have been executted by their mother late K.S.Shyamala, in favour of the 2nd, 3rd and Deceased K.S.Chandrasekara Raoand registered as Document No.883 of 2019, in the office of the Sub-Registrar, Sowcarpet, Chennaias null and void, c) to pass a final decree on application in terms of the preliminary decree and to apppoint an advocate commissioner to suggest suitable and equitable partition of the property by meets and bounds , and to pass a final decree directing partition of the Plaintiffs 1/5 th share in the suit property and to allot 1/5th share to the plaintiff with respect to Schedule A to D For Applicant(s): Mr.N.Kishore Kumar For R2 & R3 For R4 & R5 Mr.R.Krishnaswamy Mr.C.R.Malarvannan Page4 of 6