Anjalai v. Ravi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR C.R.P.No. 4266 of 2019 and C.M.P.No. 27831 of 2019 Anjalai

...Petitioner/Petitioner

Versus

1. Ravi

2. Devadass

...Respondents/Respondents

Prayer:

Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the order and decreetal order in Tr.O.P.No.48/2018, dated 03.10.2019 on the file of Principal District Court, Villupuram. For Petitioner : Mr. A. Thirumaran For R1 : Ms. M. Kamatchi Sundari For R2 : No Appearance

ORDER

This Civil Revision Petition has been filed seeking to set aside the order and decreetal order in Tr.O.P.No.48 of 2018, dated 03.10.2019 passed by the learned Principal District Court, Villupuram.

2.The learned counsel appearing for the revision petitioner who is the defendant in O.S.No.79 of 2017, submitted that the plaintiff has filed several suits against the revision petitioner and her son before various Courts. After perusing the records, the learned Principal District Court has allowed several Transfer Original Petitions and transferred the suits from different Courts to the Principal District Court, Villupuram. It is stated that the revision petitioner is the defendant in the suit in O.S.No.79 of 2017 and that it was filed before the Principal District Munsif Court, Thirukovilur, as against the revision petitioner for recovery of money, based on the pro-note as in other cases. It is submitted that the suit in O.S.No.79 of 2017 is one of the nine suits filed against her son. It is not in dispute that the Principal District Court, https://hcservices.ecourts.gov.in/hcservices/

Villupuram, has allowed all other Transfer Original Petitions filed by the revision petitioner and her son to the Principal Sub Court, Villupuram and they are pending before the said Court. In such circumstances, a request was made to allow this revision petition so that all the suits will be clubbed for a joint or simultaneous trial before the Principal Sub Court, Villupuram.

3.The learned counsel appearing for the respondent/plaintiff submitted that he has no serious objection for joint trial. However, it is requested by the counsel, that the learned Principal District Court, Villupuram, may be directed to dispose of all the suits. He further submitted that he has no objection for joint trial of all those suits and dispose of the same at an early date.

4. In view of the submissions of counsels on either side, the Civil Revision Petition is allowed and the order in Tr.O.P.No.48 of 2018, dated 03.10.2019 passed by the learned Principal District Munsif, Villupuram, is hereby set aside. Further, the proceedings in O.S.No.79 of 2017 is withdrawn and transferred to the Principal Sub Court, Villupuram, to be tried along with other suits, which are pending against the revision petitioner and her son. Since all the parties have agreed for joint trial the suits shall be clubbed together.

5. Further, the Principal District Munsif, Villupuram, is directed to dispose of all the suits as expeditiously as possible preferably within a period of five months from the date of receipt of a copy of this order. Consequently, connected Civil Miscellaneous Petition is also closed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nst/msm To

1. The Principal District Court, Villupuram.

2. The Principal District Munsif Court,Villupuram. +1cc to Mr.A.Thirumaran, Advocate, S.R.No.65387 C.R.P.No.4266 of 2019 BS(CO) RGA(28/12/2021) https://hcservices.ecourts.gov.in/hcservices/