The Madras Race Club v. Jayapoorna Chandra Rao
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and MP.No.1 of 2014 The Madras Race Club, Rep. by its Additional Secretary, Guindy, Chennai-600 032 ..Petitioner Vs.
1.Jayapoorna Chandra Rao Aruna Devi (deceased) 2.Jagannatha Pandian 3.Jayasimha Pandian 4.Gopal 5.Bay Oriental Reality Pvt.Ltd.
Rep. by its Director, Dr.Saleem Ibrahim Brothers, College Road, Chennai 600 006 6.Sri Venkatacachalapathy Nagar Welfare Association, Vadapalani Andavar Street, Valasaravakkam, 7.Salsan Chemical Limited, 21, Gopala Krishna Road, T.Nagar, Chennai 600 017 8.Jayashima Enterprises, Proprietorship Firm, Rep. by Jayashima Pandian, No.1, Subramaniam Street, Abiramapuram Chennai 600 028 9.Saleem Ibrahim Firdouse 10.Bahim Ibrahim Safari ..Respondents 1/4
PRAYER:
The Civil Revision Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 20.08.2013 passed in TROP.No.234 of 2012 by the Principal Judge, City Civil Court, Chennai.
For Petitioner : Mr.L.Dhamodaran For Respondents For R5&10 : Mr.Vaibhav R.Venkatesh for Mr.Nithyaesh & Vaibhav R2 & 3 : No Appearance R1,4,6,7,8 : disd vide court order dated 31.07.2018
ORDER
This civil revision petition is arising out of order dated 20.08.2013 passed in TROP.No.234 of 2012 by the Principal Judge, City Civil Court, Chennai thereby ordered for transfer of suits and rejected the request for joint trial.
2.
The learned counsels represented on behalf of the respondents have no objection for joint instead of simultaneous trial in OS.No.6039 of 2003 and O.S.No.11761 of 2010 on the file of the XVII Additional Judge, Fast Track Court No.III, Chennai. 2/4
3.
On perusal of the order passed by the court below, while allowing transfer petition and thereby ordered transfer of suit in OS.No.6039 of 2003 on the file of VII Assistant City Civil Court, Chennai was withdrawn and transferred the same to the file of XVII Additional Judge, Fast Track Court No.III, Chennai and ordered for simultaneous trial along with OS.No.11761 of 2010 and refused the request of joint trial. 4.
In view of the above, this civil revision petition is allowed and the XVII Additional Judge, Fast Track Court No.III, Chennai is directed to conduct joint trial in both the suits in OS.No.6039 of 2003 and OS.No.11761 of 2010 and complete the same within a period of six months from the date of receipt of copy of this order. The parties concerned are directed to file necessary petition to implead the deceased parties before the trial court. Consequently, connected miscellaneous petition is closed. No order as to costs.
17.02.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok 3/4
G.K.ILANTHIRAIYAN,J.
lok To 1.The Principal Judge, City Civil Court, Chennai.
2. The XVII Additional Judge, Fast Track Court No.III, Chennai 17.02.2021 4/4