Madras High CourtCRP(MD)/1497/2018dismissed

Ramanikanthammal (Died) v. Gowri

2018-07-19Honourable Mr Justice M.V. Muralidaran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1497 of 2018 Tmt.Ramanikanthammal (died)

1. N.Jothi @ Jothi Nageswaran

2. N.Sukumar

3. Muralidharan

4. Tmt.Chithra

5. N.janarthanam

6. Smt.Sujithra

7. N.Saravanakumar

8. N.Sivakumar

9. S.Ravi

10. Minor R.Dharmaraj rep. by his Father and Natural Guardian S.Ravi, No.1/46-A, Main Road, Manakkal Village, Lalgudi Taluk, Trichy District.

... Petitioners/Petitioners Vs.

1. Gowri

2. Devadoss

3. Sornakumar

4. Ashok Kumar

5. Sujatha

6. Bank of Baroda, Lalgudi Branch, Lalgudi.

7. Bank of Madurai, Thillai Nagar by Branch Manager, Thillai Nagar, Trichy-18.

8. M/s.Kothari Sugars and Chemicals Ltd., Kattur, Lalgudi Taluk, Represented by its, General Manager, Kattur, Sirumanyangudi, Majra, Lalgudi Taluk, Trichy District.

9. Tmt.Chinthamani 10.Subramanian 11.Durairaj ... Respondents/Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the docket order passed by the Learned Principal District Judge, Tiruchirappalli made in S.R.No.4621 of 2018 dated 12.04.2018 and allow the present Civil Revision Petition.

For Petitioners : Mr.B.Brijesh Kishore

O R D E R

The petitioners have filed this Civil Revision Petition to set aside the docket order passed by the Learned Principal District Judge, Tiruchirappalli made in S.R.No.4621 of 2018 dated 12.04.2018.

2. The learned counsel for the petitioners would submit that the petitioner has filed a memo in S.R.No.42612 of 2018 requesting to retain the cases namely O.S.No.826/1987, O.S.No.222/1987 and L.A.O.P.No.12/2010 on the file of the I Additional Sub Court, Trichy without transferring the same to Sub Court, Lalgudi.

3.This Court by order, dated 03.02.2017, 19.06.2017 and 27.10.2017 passed in C.R.P(MD)No.232 of 2017, C.R.P.(MD)Nos.1137, 1138, 1139 of 2017 and Tr.C.M.P.No.425 of 2017, directed the I Additional Sub Court, Trichy to try all the suits in O.S.No.826 of 1987, O.S.No.222 of 1987 and O.S.No.182 of 2005. 4.The petitioner has also filed a memo before the I Additional Sub Court, Trichy seeking to retain all the four cases and try in the same Court. While pendency of the memo before the I Additional Sub Court, Trichy, the petitioner has approached the Principal District Judge, Trichy seeking for the very same prayer. The said memo was returned. Challenging the same, the petitioner has filed the present Civil Revision Petition. 5.

Admittedly, this Court directed the I Additional Sub Court, Trichy, to try all the suits, but unnecessarily the petitioner has filed a memo before the learned Principal District Judge, Trichy, which is not warranted by the petitioner for filing any application. Therefore, the petitioner is directed to pursue his memo before the I Additional Subordinate Judge, Trichy. On appearance by the petitioner, the learned I Additional Subordinate Judge, Tiruchirappalli to pass appropriate order on merits.

6.With the above observation, this Civil Revision Petition is dismissed. No costs.

Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Principal District Judge, Tiruchirappalli.

2. The 1st Additional Subordinate Judge, Tiruchirappalli.

+1cc to Mr.B.Brijesh Kishore, Advocate SR.No.73806 Am MK/RP/SAR 2/23.08.2018/3P/4C C.R.P.(PD)(MD)No.1497 of 2018 19.07.2018