Kalavathy Swaminathan(Died) v. M/S Praneel Developers
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and M.P.No.1 of 2015 of 2021 Kalavathy Swaminathan (Died) 2.M.Swaminathan 3.S.Sriram ... Petitioners (Petitioners 2 and 3 brought on record as LRs of the deceased Sole Petitioner viz., Kalavathy Swaminathan vide Court order dated 22.06.2022 made in C.M.P.Nos.9510 and 9511 of 2022 in C.R.P.No.3688 of 2015) vs 1.M/s.Praneel Developers Private Limited Repd. By its Director N.Neelakandan Son of Mr.Hariharamahadevan, Having office at Plot No.6 and 7-A, Periyar Salai Gnanamoorthy Nagar, Ambattur, Chennai - 600 053.
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2.S.S.V.K. Builders Private Limited Repd., By its Director Rangappa Sekar Son of T.K.Rangappa Having Office at Plot No.5, Rangappa Street, Gnanmurthy Nagar, Ambature, Chennai - 600 053.
3.Soundaravalli 4.C.M.Raju 5.Balaji Homes, Partnership Company, having its office at No.54/02, Devi Arcade, Sarangabani Street, Krishnapuram, Ambattur, Chennai-600 053, Ambattur Taluk.
6.M/s.Murugan Homes, Proprietorship Firm Having its office at No.54/G2, Devi Arcade, Sarangabani Street, Krishnapuram, Ambattur, Chennai - 600 053.
Ambattur Taluk.
7.M/s.Veyem Engineering Services, Registered Partnership Firm Having its Office at No.49, Sathsangam Street Krishnapuram, Ambattur Chennai - 600 053.
Ambattur Taluk.
8.M/s.Aarveem International Partnership Firm Having its office at No.23, and 23-A, Pulla Avenue, Aminijikarai, Chennai - 600 029.
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9.The Zonal Officer Zone-7, Corporation of Chennai Having his office at No.536, Madras Thiruvallur High Road Opp. to Dunlop, Ambattur, Chennai-600 053.
Ambattur Taluk.
... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to allow the C.R.P. and set aside the fair and decreetal order dated 02.07.2015 passed in Transfer O.P.No.198 of 2014 by the Principal District Judge at Thiruvallur, seeking for transfer of the suit in O.S.No.446 of 2013 on the file of the District Munsif Court, Ambattur to the Additional District Judge No.II at Poonamallee for joint trial along with O.S.No.175 of 2014, pending on the file of the said Court.
For Petitioners : Mr.A.Palaniappan For R3 : Mr.G.Prakash For R9 : M/s.P.T.Ramadevi For R1, R2 and R4 to R8 : No Appearance 3/8
ORDER
The Civil Revision Petition is filed challenging the order passed by the Court below dismissing the application filed by the petitioner seeking transfer of O.S.No.446 of 2013 pending on the file of District Munsif Court, Ambattur to the file of Additional District Judge No.II, Poonamallee for trial along with O.S.No.175 of 2014 pending on its file.
2. The learned counsel for the petitioners submits that the deceased petitioner filed a suit for declaration of title and recovery of possession in O.S.No.175 of 2014 on the file of Additional District Judge No.II, Poonamallee against some private individuals. In respect of very same property, the deceased petitioner filed another suit for bare injunction against the Chennai Corporation in O.S.No.446 of 2013 on the file of District Munsif Court, Ambattur. It is the submission of the learned counsel that the suit property in both the suits are one and the same, any adverse orders passed against the petitioners in O.S.No.446 of 2013, it will affect her right in other suit filed by her in O.S.No.175 of 2014.
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3. The first suit filed by the deceased petitioner in O.S.No.175 of 2014 is for declaration of title and recovery of possession in respect of the suit B and C schedule properties. The suit B and C schedule properties are part of suit A schedule property, which is larger extent. The suit filed for bare injunction against Chennai Corporation in respect of suit A schedule properties. The defendant in O.S.No.175 of 2014 are private individuals and the defendant in O.S.No.446 of 2013 is Chennai Corporation. The cause of action for O.S.No.175 of 2014 and O.S.No.446 of 2013 are also different.
4. When parties and cause of action are different, there is no necessity to club both the suits together and the Court below rightly dismissed the transfer application filed by the petitioner and consequently, I do not find any error in the order passed by the Court below.
5. Accordingly, the Civil Revision Petition stands dismissed. Having regard to the fact that the suit for declaration of title and recovery of possession filed by the deceased petitioner in O.S.No.175 of 2014, is of the year 2014, the Additional District Judge No.II, Poonamallee is directed to 5/8
dispose of the same as expeditiously as possible. No costs. Consequently, the connected miscellaneous petition is closed.
31.01.2024 Index : Yes / No Speaking order : Yes / No : Yes / No dm 6/8
To 1.The Principal District Judge, Thiruvallur.
2.The District Munsif Court, Ambattur.
3.The Additional District Judge No.II, Poonamallee.
4.The Zonal Officer Zone-7, Corporation of Chennai Having his office at No.536, Madras Thiruvallur High Road Opp. to Dunlop, Ambattur, Chennai-600 053.
Ambattur Taluk.
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S.SOUNTHAR, J.
dm 31.01.2024 8/8