K.Valarmathy v. N.Yogambal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR C.R.P(PD)(MD)No.280 of 2025 and C.M.P(MD) No.1623 of 2025

1. K.Valarmathy

2. S.K.Jothi Priya

3. K.Anu Priyanka ... Petitioners/Plaintiffs Vs.

1. N.Yogambal

2. N.Amutha

3. Nachimuthu

4. Kumaresan

5. K.Aarthy

6. I.Jason Kennedy ... Respondents/Defendants PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, seeking direction to the II Additional District Court, Tiruchirappalli, to pass an order of joint trial of the suit in O.S.No.201 of 2018 along with the 1/5

trial of the suits in O.S.Nos.120 of 2017, 147 of 2017 and 168 of 2017, which are also pending on the file of the II Additional District Court, Tiruchirappalli.

For Petitioners : Ms.J.Anandhavalli For R1 and R3 : Mr.R.Baskaran Senior Counsel Assisted by Mr.S.Raju For R4 : Mr.K.P.Krishnadoss

O R D E R

The plaintiffs in O.S.No.201 of 2018 on the file of the II Additional District Court, Tiruchirappalli, are the revision petitioners.

2. The present revision petition has been filed seeking a direction as against the II Additional District Court, Tiruchirappalli, to pass an order of joint trial of the suit in O.S.No.201 of 2018 along with the suits in O.S.Nos. 120 of 2017, 147 of 2017 and 168 of 2017, which are also pending before the same Court.

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3. According to the learned counsel appearing for the revision petitioners, the properties involved in all the three suits are one and the same. These three suits are also pending before the same Court namely, the II Additional District Court, Tiruchirappalli. Hence, she had made a request for conducting a joint trial.

4. The learned Senior Counsel appearing for the respondents 1 and 3 herein brought to the notice of this Court that one more suit filed in O.S.No. 342 of 2021 relating to the same property has already been transferred to II Additional District Court, Tiruchirappali. According to him, all the suits are in different stage of trial. Therefore, the question of ordering a joint trial of all the suits would not be feasible. Hence, he requested for conducting simultaneous trial of all the five suits.

5. Considering the submissions made on either sides, this Court is inclined to issue a direction to the II Additional District Court, Tiruchirappalli, to conduct simultaneous trial of O.S.Nos.120 of 2017, 147 of 2017, 168 of 2017, 201 of 2018 and 342 of 2021 pending before the said 3/5

Court. The trial Court is directed to dispose of all the suits in O.S.Nos.120 of 2017, 147 of 2017, 168 of 2017, 201 of 2018 and 342 of 2021 as expeditiously as possible, but not later than on 31.12.2025.

6. With the above said observations, this Civil Revision Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

17.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The II Additional District Court, Tiruchirappalli,

2. The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR,J.

ebsi C.R.P(PD)(MD)No.280 of 2025 17.02.2025 5/5