PALTHAI Vs. C KUMAR

JUDGEMENT

(1.) THIS appeal is focussed to withdraw the M. C. O. P. No. 321 of 2006 on the file of the Subordinate Judge, Uttamapalayam and transfer the same to I Additional district Judge, Madurai to try along with M. C. O. P. No. 937 of 2006.

(2.) HEARD the learned counsel for the petitioner. Mr. Bhaskaran, represents for the second respondent insurance company. For others no notice is required in view of the order which is being passed hereunder.

(3.) THE parents of the deceased filed M. C. O. P. 321 of 2006 in Uttamapalayam sub Court, whereas the wife and children of the deceased filed M. C. O. P. 937 of 2006 and the same is pending before the I Additional District Judge, Madurai. According to the learned counsel for the petitioners the enquiry in m. C. O. P. No. 321 of 2006, on the file of the Subordinate Judge, Uttamapalayam, has commenced and he prays for M. C. O. P. 937 of 2006 pending on the file of the I additional District Judge, Madurai to be transferred to that Court so that there would be joint enquiry. I could see considerable force in the submissions made by the learned counsel for the petitioner to transfer M. C. O. P. 937 of 2006 to subordinate Court, Uttamapalayam, so that both cases could be enquired together.