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Madras High CourtCRP/3767/2016dismissed

Niraiselvi v. R.Manoharan

2016-12-20Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2016 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA C.R.P.P.D.No.3767 of 2016 and C.M.P.No.19122 of 2016 and Tr.C.M.P.No.373 of 2016 C.R.P.No.3767 of 2016

1. Niraiselvi

2. Porchelvi .. Petitioners -Vs.- R.Manoharan .. Respondent Tr.C.M.P.No.373 of 2016 Niraiselvi

...Petitioner

-vsR.Manoharan

...Respondent

Prayer in C.R.P.No.3767 of 2016 Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 26.08.2016 passed in I.A.No.1373 of 2015 in O.S.No.550 of 2013 passed by the Hon'ble Additional District Munsif, Alandur.

Prayer in Tr.C.M.P.No.373 of 2016 Transfer Civil Miscellaneous Petition filed under Section 24 of C.P.C. praying to withdraw and transfer the above suit bearing O.S.No.400 of 2006 on the file of the Additional District Munsif, Alandur to the file of the Hon'ble Principal District Munsif, Alandur or some other Court.

For petitioners ... Mr.B.Damodaran in both petitions For Respondent ...

Mr.S.Thirusaravanan in both petitions C O M M O N O R D E R The revision is directed against the order passed by the Court below in the application filed under Section 10 of C.P.C by the defendants in O.S.No.550 of 2013. There seem to be two more suits pending between the parties in O.S.No.400 of 2006 on the file of the Additional District Munsif, Alandur for permanent injunction and O.S.No.3169 of 1997 on the file of the Principal District Judge, Alandur, again for the relief of permanent injunction. 2.

The subject matter admittedly in all the three suits are one the same and the parties are sisters and brother. Therefore, in the interest of justice, all the three suits can be heard together by any one of the Court. There are several petitions, revisions and appeals are pending. The revisions filed by the respondent herein were dismissed by this Court on 19.06.2013.

3.

As the parties and the properties in all the suits are one and the same, the same can be tried in one Court, viz.,before the Principal District Munsif, Alandur.

4.

Accordingly, the Civil Revision Petition is dismissed and the order passed under Section 10 of C.P.C in I.A.No.1373 of 2015 is confirmed and O.S.Nos.550 of 2013 and 400 of 2006 pending on the file of the Additional District Munsif, Alandur are withdrawn and transferred the same to the Principal District Munsif, Alandur to be tried along with O.S.No.3169 of 1997. The learned Principal District Munsif, Alandur is directed to complete the trial and dispose of all the suits on or before 31.03.2017.

5.

In view of the order passed in the above civil revision petition dismissing the same directing O.S.No.550 of 2013 and O.S.No.400 of 2006 pending on the file of Additional District Munsif, Alandur to be tried along with O.S.No.3169 of 1997 by the Principal District Munisf, Alandur, the Transfer Civil Miscellaneous Petition filed for transferring the suit in O.S.No.400 of 2006 on the file of the Additional District Munsif, Alandur is also dismissed and the same is transferred to the file of Principal District Munsif, Alandur for conducting joint trial.

No costs. Consequently, connected miscellaneous petition is also closed.

20.12.2016 srn

PUSHPA SATHYANARAYANA.J srn To

1. The Additional District Munsif, Alandur.

2. The Principal District Munsif, Alandur C.R.P.P.D.No.3767 of 2016 and C.M.P.No.19122 of 2016 and Tr.C.M.P.No.373 of 2016 20.12.2016 http://www.judis.nic.in