Madras High CourtCRP/1446/2016allowed

Vasanthi, v. K. Vijaya,

2016-06-03Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.1446 of 2016 and C.M.P.No.8014 of 2016 1.Vasanthi W/o.Kanagaraj 2.Vivek S/o.Kanagaraj ... Petitioners vs K.Vijaya W/o.Kallasam ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order passed in I.A.No.151 of 2015 in O.S.No.138 of 2012 on the file of learned I Additional District Judge, Erode, on 07.01.2016. For Petitioners :

Mr.S.Kaithamalai Kumaran *****

O R D E R

This revision challenges the order of learned I Additional District Judge, Erode, passed in I.A.No.151 of 2015 in O.S.No.138 of 2012 on 07.01.2016.

2. Heard learned counsel for petitioners.

3. The respondent/plaintiff has preferred O.S.No.138 of 2012 seeking partition and separate possession of property. Petitioners/defendants have moved I.A.No.151 of 2015 submitting that they had preferred O.S.No.267 of 2007 on the file of learned I Additional District Judge, Erode, seeking partition and separate possession and permanent injunction, that the said suit was dismissed and that there against, A.S.No.268 of 2013 is pending before this Court. Stating so, petitioners/defendants sought stay of proceedings in O.S.No.138 of 2012. In dismissing such application, the Court below merely has informed thus:

"The appeal suit is a different case and no way connected with this present suit. In this circumstances no situation is Warranted to stay the further proceedings of this suit and in the result this petition doesn't have merit acceptance, but becomes liable to be dismissed and the same is dismissed accordingly."

4. Merely stating that the appeal suit is a different case does not amount to informing reasons for the decision. A duty is cast upon the Court to explain why it considers so. Finding that no reasons stand informed by the Court below in support of the decision arrived at by it, this Court, without causing notice to the respondent, would set aside the order under challenge and direct the Court below to pass a fresh order in I.A.No.151 of 2015 in O.S.No.138 of 2012 informing the reasons for its decision. The Civil Revision Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 03.06.2016 Index:yes/no Internet:yes gm To The I Additional District Judge, Erode.

C.T.SELVAM, J gm Civil Revision Petition (PD) No.1446 of 2016 03.06.2016