Madras High CourtCRP(MD)/2139/2018dismissed

Sathiyamoorthy, v. V.Kangasabai,

2018-09-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(PD)No.2139 of 2018 and C.M.P.(MD)No.9493 of 2018 Sathiyamoorthy

...Petitioner / Petitioner / 3rd Party

/Vs./ 1.V.Kangasabai ...1st Respondent / 1st Respondent / Plaintiff 2.G.Maithili ...2nd Respondent /2nd Respondent / Defendant Prayer: Civil Revision Petition - filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 26.10.2016 made in I.A.No.703 of 2016 in O.S.No.228 of 2014 on the file of the Principal District Munsif Court, Kumbakonam and allow the above civil revision petition.

For Petitioner : Mr.AN.Ramanathan For Respondents : Mr.A.Saravanan

ORDER

The revision petitioner wanted to get impleaded himself in O.S.No.228 of 2014 on the file of the Principal District Munsif Court, Kumbakonam. Therefore, he filed I.A.No.703 of 2016. The Court below by order dated 26.10.2016 dismissed I.A.No.703 of 2016. Questioning the same, the civil revision petition has been filed.

2. Heard the learned counsel on either side.

3. It is seen that the revision petitioner has instituted a suit in O.S.No.404 of 2016 before the very same Court, seeking relief of injunction against the respondents herein and three others.

4. In view of the overlapping of the subject matter of the two suits, while sustaining the order impugned in this civil revision petition, this Court directs both the suits namely, O.S.No.228 of 2014 and O.S.No.404 of 2016 shall be jointly tried together. https://hcservices.ecourts.gov.in/hcservices/

5. With the above direction, this civil revision petition is

dismissed. No costs. Consequently, connected Miscellaneous Petition is dismissed.

Sd/ Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS-I) To The Principal District Munsif , Kumbakonam.

+1cc to Mr.A.SARAVANAN, Advocate, SR.No. 87192 +1cc to Mr.AN.RAMANATHAN, Advocate, SR.No. 87466 C.R.P.(MD)(PD)No.2139 of 2018 27.09.2018 SM KK/RP/SAR-1/28.09.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/