V. Balasubramaniam v. R. Marakutti

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH C.R.P. (PD) No. 2956 of 2017 and C.M.P. No. 13975 of 2017 V.Balasubramaniam

...Petitioner

vs

1. R.Marakutti

2. M.Dhanalakshmi

3. G.Senthilkumar

4. G.Selvakumar

5. V.Gunasekaran

6. V.Rajasekaran

7. K.Elango

8. K.Prakash 9.M.Thangaraj

10. M.Sakthivel

11. B.Muralidharan

12. R.VE.Vijay Anandan

13. R.Balasundaram

14. A.Syed Farook

...Respondents

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to struck off the plaint in O.S.No.221 of 2017 pending on the file of the learned III Additional District Judge, Coimbatore. For Petitioner : Mr.E.Sampath Kumar For Respondents : Mr.K.Duraisami for Mr.Muthumani Dusaisami for R1 to R10 Mr.C.D.Johnson for R12 No Appearance for R13 and R14

O R D E R

Though the present revision has been filed seeking to strike of the plaint in O.S.No.221 of 2017, pending on the file of the learned III Additional District Judge, Coimbatore, the learned counsel for the petitioner submits that he would be satisfied, if the prayer is moulded and all the three suits between the parties to be heard together by the learned III Additional District Judge, Coimbatore.

2. It is seen that the suits in O.S.Nos.1772 of 2008 and 1774 of 2008 were earlier directed to be clubbed and tried together by the learned District Munsif, Coimbatore, by virtue of an order of this Court in CRP (PD) Nos.2786 and 2787 of 2016.

3. The suit, which is the subject matter of the revision in O.S.No.221 of 2017, is now pending before the learned III Additional District Judge, Coimbatore. The submissions of the learned counsel for the petitioner is also not opposed by the learned senior counsel appearing for the respondents herein. In view of the same, it would be appropriate to club all the three cases together.

4. In the light of the above observations, the suits in O.S.Nos.1772 of 2008 and 1774 of 2008, now pending before the learned District Munsif, Coimbatore, is directed to to be transferred and clubbed along with O.S.No.221 of 2017 before the learned III Additional District Judge, Coimbatore. The learned III Additional District Judge, Coimbatore shall also endeavour to dispose of all the three suits expeditiously as possible, preferably within a period of six months from the date of receipt of copy of this order.

M.S.RAMESH.,J hvk

5. Accordingly, the Civil Revision Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 10.12.2018 Index:Yes/No Speaking Order: Yes/No hvk To

1. The District Munsif, Coimbatore.

2. The III Additional District Judge, Coimbatore.

C.R.P. (PD) No. 2956 of 2017 and C.M.P. No. 13975 of 2017