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Madras High CourtA/4210/2022allowed

Dr.Shireen S.Rajaram And Another v. Yahyaa Mohammed (Minor) And 5 Others

2022-09-29Honourable Mr Justice G. Chandrasekharan2 pages

A.No.4210 of 2022 in T.O.S.No.83 of 2013 A.No.4210 of 2022 in C.S.No.635 of 2015 & C.S.No.614 of 2015 G.CHANDRASEKHARAN.J., A.No.4210 of 2022 in C.S.No.635 of 2015 is filed to de-link the Civil Suit No.614 of 2015. The properties concerned in C.S.No.614 of 2015 are different properties. However, on a representation made by the learned counsel appearing for the plaintiff, this Court directed on 01.04.2021 to post both the suits together.

2.The learned counsel for the respondents have no serious objection for de-linking both the suits.

3.This Court on going through the plaint filed in both the cases found that the applicants are parties only in C.S.No.635 of 2015 and they are not parties in C.S.No.614 of 2015. It is also seen that the properties in both the cases are different properties. Therefore, it is not necessary to take both the suits for trial. Necessarily independent and separate trial has to be conducted in both the cases. Thus, this application is allowed. C.S.No.614 of 2015 is ordered to be de-linked from C.S.No.635 of 2015 for separate trial of both the cases. 29.09.2022 ep https://www.mhc.tn.gov.in/judis 1/2

A.No.4210 of 2022 in T.O.S.No.83 of 2013 G.CHANDRASEKHARAN.J., ep A.No.4210 of 2022 in C.S.No.635 of 2015 & C.S.No.614 of 2015 29.09.2022 https://www.mhc.tn.gov.in/judis 2/2