J.Rajeshwari v. B.R.Manokaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.12.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and C.M.P.Nos.2681 & 2682 of 2024 J.Rajeshwari

...Petitioner

/versus/ 1.B.R.Manokaran 2.B.M.Thilipkumar 3.B.M.Dineshkumar 4.B.R.Surendiran 5.B.R.Senthilkumar 6.N.Sathiyanarayanan 7.The Sub Registrar Karimangalam, Dharmapuri District.

8.The state of Tamil Nadu Rep. by The District Collector, Dharmapuri District.

...Respondents

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Prayer: Civil Revision Petition is filed under Section 227 of the Constitution of India, pleased to set aside the order dated 08.12.2023 made in Tr.O.P.No.3 of 2022 on the file of the Ld. Principal District Court, Dharmapuri. For Petitioner : Mr.N.Manoharan For R4 : Mrs.P.Sividhya (Caveator) For R7 & R8 : Mr.C.Sathish Government Advocate

ORDER

This Civil Revision Petition is filed challenging the order passed by the learned Principal District Judge, Dharmapuri, dismissing the application filed by the petitioner seeking transfer of suit in O.S.No.52 of 2023 pending on the file of the District Munsif Court, Karimangalam, filed by the fourth respondent against the respondents 1 to 3, 5 and 6, seeking joint trial along with O.S.No.97 of 2021, on the file of the Principal District Court, Dharmapuri, filed by the petitioner. 2.

The petitioner herein filed a suit in O.S.No.97 of 2021 on the file of 2/8

the Principal District Court, Dharmapuri against the respondents 1 to 5 seeking a declaration and permanent injunction. The 4 th respondent filed a suit in O.S.No.153 of 2015, on the file of the District Munsif Court, Palacode against the respondents 1 to 3, 5 & 6 seeking a declaration that the sale deed dated 11.11.2005 executed by the respondents 1 to 3 in favour of the 6 th respondent is null and void. The said suit was subsequently transferred and renumbered as O.S.No.52 of 2023. The suit in O.S.No.52 of 2023 attained arguments stage.

3.

The petitioner herein, claiming that she has purchased the property from the vendor, the 6 th respondent, filed instant transfer application seeking transfer of her suit for a joint trial along with the suit filed by the 4 th respondent, mainly on the ground that the subject matter of the suits is one and the same. 4.

From the typed set and the impugned order, it is seen that the petitioner, on the strength of a sale agreement entered into with the 6 th respondent, 3/8

filed an application to implead herself in the suit filed by the 4 th respondent and the same was dismissed. Challenging the same, the petitioner filed a revision before this Court in C.R.P.No.1734 of 2016, which was dismissed as "not pressed" as recorded in the order passed in the said revision. Thereafter, the petitioner has filed yet another application in I.A.No.168 of 2020 for impleading herself before the trial Court and the same was also dismissed. Aggrieved by the same, the petitioner preferred C.R.P.No.893 2021 and the same was dismissed on 23.04.2021 with an observation that the petitioner being a speculative purchaser, who purchased the suit property during pendency of the suit, would not get any better right than her vendor.

5.

Taking into consideration that the suit in O.S.No.52 of 2023 was at an advanced stage of arguments, the parties were directed to advance their arguments at the time of dismissal of C.R.P.No.893 of 2021. Thereafter, the petitioner filed the instant application seeking transfer of O.S.No.97 of 2021, for joint trial with O.S.No.52 of 2023.

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6.

From the impugned order, it is seen that the suit filed by the 4 th respondent is in advanced stage of arguments and the suit filed by the petitioner in O.S.No. 97 of 2021 is in the stage of service of summons/filing of written statements. In such circumstances, a joint trial of both suits cannot be granted. Taking into consideration the dismissal of the implead application filed by the petitioner and also the fact both the suits are in different stage, the learned District judge has rightly dismissed the transfer application. 7.

This Court finds no error in the order passed by the learned District Judge. Accordingly, this Civil Revision Petition is dismissed. Consequently, the connected Civil Miscellaneous Petition is closed. No costs. 02.12.2025 Index : Yes/No Internet : Yes/No rpl 5/8

To The Principal District Court, Dharmapuri.

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S.SOUNTHAR,J.

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