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Madras High CourtCRP/392/2018dismissed

Rajigan v. D. Neelamegam

2018-02-12Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(PD).No.392 of 2018 and CMP.No.2106 of 2018 1.Rajigan 2.Rani 3.Vinothkumar 4.Booshanam .. Petitioners Vs D.Neelamegam .. Respondent PRAYER Civil Revision Petition is filed under Article 227 of the Constitution of India against the order and decreetal order passed in IA.No.282 of 2017 in OS.No.87 of 2014 dated 07.11.2017 on the file of Court of District Munsif at Tiruttani.

For Petitioners : Mr.D.Jayasekar

O R D E R

According to the revision petitioner, the respondent has filed a suit in OS.No.87 of 2014 before the District Munsif Court, Tiruttani for declaration and permanent injunction. The third revision petitioner has also filed a suit in OS.No.13 of 2016 before the same court against the Tamil Nadu Electricity Board praying for injunction not to give the service connection in respect of the 'B' schedule

property. The respondent has filed an application in IA.No.282 of 2017 in OS.No.87 of 2014 before the District Munsif Court, Tiruttani for the prayer to order joint trial of aforesaid cases. The said application was allowed. Against the said order the revision petitioner has filed the present Civil Revision Petition before this Court.

2. On perusing the impugned order, by order dated 07.11.2017, the District Munsif Court, Tiruttani has allowed the instant application by holding that the parties and the properties are one and the same and the third defendant in OS.No.87 of 2017 is the plaintiff in OS.No.13 of 2016. Hence, there is no error or illegality in the order passed by the court below. Hence, the Civil Revision Petition is liable to be dismissed.

3. In the result, the Civil Revision Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs.

12.02.2018 Speaking/Non-Speaking order Index :Yes/No Internet:Yes/No lok

To The District Munsif Court, Tiruttani.

D. KRISHNAKUMAR J., lok CRP(PD).No.392 of 2018 and CMP.No.2106 of 2018 12.02.2018