V.T.Rajan v. Vineeta Lal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.V.T.Rajan 2.M.S.Rajan ... Petitioners / Revision Petitioners Vs.

1.Vineeta Lal 2.Arup Kavan 3.Suchitra Ramadurai 4.Karthik Kumar 5.R.Krishna Mohan 6.Ram Mohan ... Respondents / Respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal Subordinate Judge, Palani (Camp Court at Kodaikanal) to pass appropriate orders and disposed of the memo filed by the revision petitioner dated 14.06.2024 in 1/4

O.S.No.168 of 2021, pending on the file of the Principal Subordinate Court, Palani, (Camp Court at Kodaikanal) within the period stipulated by this Court.

For Petitioners : Mr.N.Sathish Babu For Respondents : Mr.K.Sudalaiyandi for R.1, R.2, R.5 & R.6 No Appearance for R.3 & R.4

ORDER

Heard both sides.

2.The revision petitioners herein filed O.S.No.168 of 2016 before the Principal Sub Court, Palani. The first respondent herein filed suit in respect of the adjacent property before the District Munsif Court, Kodaikanal. The respondents 1 and 2 also filed independent suits before the District Munsif Court, Kodaikanal for the adjacent property. The respondents 3 and 4 also filed a suit in respect of the adjacent property before the District Munsif Court, Kodaikanal. The petitioners herein filed a transfer OP before the Principal District Court, Dindigul. Vide order dated 18.04.2017, the suits were transferred to the file of the Sub 2/4

Court, Palani. It was further directed that the Sub Court, Palani would take a call as to whether the suits should be jointly tried or simultaneously tried. In view of the aforesaid direction given by the Principal District Court, Dindigul, the revision petitioners herein filed memo seeking joint trial. The learned Sub Judge, Palani (Camp Court at Kodaikanal) is directed to pass an appropriate order on the memo filed by the revision petitioners. The presiding officer must take a call as to whether the suits should be jointly tried as requested by the revision petitioners or simultaneously tried as requested by the respondents 1, 2, 5 and 6. I am not indicating which course of action should be adopted by the learned trial Judge. The learned trial Judge shall pass an appropriate order in this regard within a period of three weeks from the date of receipt of a copy of this order.

3.This Civil Revision Petition is disposed of accordingly. There shall be no order as to costs.

19.08.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The Principal Subordinate Court, Palani (Camp Court at Kodaikanal).

2.The District Munsif Court, Kodaikanal.

3.The Principal District Court, Dindigul.

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