Madras High CourtCRP(MD)/2416/2016dismissed

M.Santha v. P.Ammaponnu,

2017-03-22Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P.(PD)(MD)No.2416 of 2016 and C.M.P.(MD)No.11396 of 2016 1.M.Santha 2.M.Singarajan 3.M.Malathi 4.M.Pushbalatha 5.M.Saravanan 6.M.Sivagnanam 7.M.Dhanalakshmi ... Petitioners Vs.

1.Tmt.P.Ammaponnu 2.Tmt.K.Chellakkannu ... Respondents Prayer: The Civil Revision Petition is filed under Article 227 Constitution of India against the fair and decreetal order dated 05.11.2016 made in I.A.No.588 of 2016 in O.S.No.522 of 2003 on the file of the District Munsif, Madurai Taluk, Madurai. For Petitioners : Mr.S.Rajasekar For R1 : Mr.J.Barathan For R2 : Mr.D.Gandhiraj

O R D E R

This revision petition is directed against the dismissal of application filed for joint trial of three suits viz., O.S.No.522 of 2003, O.S.No.382 of 2005 and O.S.No.163 of 2016.

2. The trial Court, after considering the nature of the relief sought for in all the three suits and the parties involved in the suit including the cause of action of the suits, has held that O.S.Nos.522 of 2003 and 382 of 2005 are suits for bare injunction, whereas O.S.No.163 of 2016 is against the order passed by the Revenue Officials, rejecting the petition of the revision petitioner seeking Patta in his name.

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3. This Court, after going through the records as well as the submissions made by the respective parties, holds that the request

of the revision petitioner is untenable and it will only protract the proceedings further and it will not give quietus to the issue, if two different suits for different cause of action against different respondents clubbed together for joint trial. I find no error in the order of the trial Court, rejecting the application for joint trial. Accordingly, the revision petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The District Munsif, Madurai Taluk, Madurai.

+1 cc to Mr.T.Lajapathi Roy, Advocate, SR.No.17010 +1 cc to Mr.T.R.Jeyapalam, Advocate, SR.No.17471 +1 cc to Mr.D.Gandhiraj, Advocate, SR.No.16877 C.R.P.(PD)(MD)No.2416 of 2016 22.03.2017 akv MKV-SV-MMS/20.4.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/