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Madras High CourtCRP/2304/2018allowed

Radhakrishnan v. Janakiraman

2020-07-21Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CRP (PD) No.2304 of 2018 and

1. Radhakrishnan

2. Ramatheertham

3. Dhasaradhan

4. Selvarani ..Petitioners Vs.

Janakiraman ... Respondent Prayer: The Civil Revision petition filed under Article 227 of Constitution of India, against the fair and decretal order dated 03.04.2018 made in I.A.No.6 of 2018 in O.S.No.665 of 2017 on the file of the learned I Additional Sub Court, Villupuram.

For Petitioners : Mr.N.Manokaran For Respondent : Mr.S.Rajaraman 1/4

O R D E R

The plaintiffs in O.S.No.665 of 2017 have come up with this Civil Revision petition aggrieved by an order of stay granted by the trial Court under Section 10 of the Code of Civil Procedure, staying further proceedings in O.S.No.665 of 2017 till the disposal of O.S.No.174 of 2016.

2. I have heard Mr.N.Manokaran, learned counsel appearing for the petitioners and Mr.S.Rajaraman, learned counsel appearing for the respondent.

3. Both the counsels would concede that after the order of the trial Court dated 03.04.2018, the Principal District Judge, Villupuram had transferred the suit in O.S.No.174 of 2016 to the file of the I Additional Sub Court, Villpuram to be tried along with O.S.No.665 of 2017.

5. In view of the same, both the suits are now being tried jointly. In the light of the subsequent development, the order of stay has lost its 2/4

relavance.

6. Hence, this Civil Revision petition is allowedand the stay granted in I.A.No.6 of 2018 will stand vacated. The trial Court namely the I Additional Sub Court, Villupuram is directed to try and dispose of both the suits namely O.S.No.174 of 2016 and O.S.No.665 of 2017 jointly in terms of the order passed by the Principal District Judge in Transfer.O.P. No:201 of 2017. No costs. Consequently, connected miscellaneous petition is closed.

21.07.2020 vum Index: Yes/No Speaking order / Non speaking order 3/4

R.SUBRAMANIAN, J.

vum To:

1. The Additional Sub Court I, Villupuram.

2. The Principal District Judge, Villupuram

2. The Section Officer, V.R. Section, Madras High Court, Chennai.

CRP (PD) No.2304 of 2018 and 21.07.2020 4/4