Csi Tuticorin - Nazareth v. R.Stanley Vedanmanickam,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Fifth day of April Two Thousand Nineteen PRESENT:

The Hon`ble Mr.Justice M.M.SUNDRESH AND The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD). No.9344 of 2018 in LPA(MD) NO.1 of 2018 CSI TUTICORIN - NAZARETH DIOCESE REP. THROUGH ITS DIOCESAN SECRETARIES REV.S.DEVARAJ GNANASINGH AND MR. S.D.K.RAJAN CALDWELL HIGH SECONDARY SCHOOL TUTICORIN - 628 001.

... Petitioner/Appellant Vs 1 R.STANLEY VEDANMANICKAM, ADVOCATE SON OF LATE. D.S.RAJAPANDI 97G/1 TEACHERS COLONY 6TH STREET TUTICORIN.

2 D.DURAIRAJ, SON OF LATE DEVANESAM 13A/5D INNASIYARPURAM 1ST STREET TUTICORIN.

3 M.AROAN, SON OF LATE. MOSES 4/32 ATHIPARASAKTHI NAGAR ETTAYAPURAM ROAD TUTICORIN.

4 J.D.ANANDARAJ, SON OF J.DEVARAJ 1/280A UDANKUDI ROAD MEGNANAPURAM THOOTHUKUDI DISTRICT.

5 RT.REV.S.E.C.DEVASAHAYAM, THE BISHOP CSI TUTICORIN - NAZARETH DIOCESE HAVING OFFICE AT: CALDWELL HIGHER SECONDARY SCHOOL TUTICORIN - 628001.

6 MR. D.MOHAN ARUMAINAYAGAM, TREASURER CSI TUTICORIN - NAZARETH DIOCESE HAVING OFFICE AT: CALDWELL HIGHER SECONDARY SCHOOL TUTICORIN - 628001.

... Respondents/Respondents Prayer in CMP(MD). No.9344 of 2018 :- This petition filed under section 151 of C.P.C. to issue appropriate directions, including designating one court for the purpose of resolving any disputes that may be raised and prevent the abuse of process of law and procedure with regard to the fact and circumstance of the case.

Prayer in LPA (MD) NO.1 of 2018 :- Appeal is filed under clause 15 of the Amended Letters Patent 1865 against the order of a learned single Judge of this Court dated 04.07.2018 made in C.M.P.(MD) No.5095 of 2018 in C.M.P. (MD)No.4775 of 2018 in C.R.P(PD)(MD)No.820 of 2015 filed under Article 227 of the Constitution of India, against the order dated 17.11.2014, passed in CMA.No.18/2013 on the file of the I Additional District Court, Tuticorin, setting aside the order dated 28.05.2013 passed in IA.359 of 2013 in OS.No.120 of 2013 on the file of the Sub Court, Thoothukudi.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.SUBBU RANGA BHARATHI, Advocate for the Petitioner and of Mr.V.RAJIV RUFUS Advocate for the first Respondent,MR.C.DHANSEELAN,Advocate for the third Respondent and MR.J.KINGSLY SOLOMON, Advocate for the fifth Respondent, this Court made the following order: (Order of the Court was made by M.M. SUNDRESH,J.,) Heard the learned counsel for the applicant.

2.

When the matter is taken up for hearing, the learned counsel appearing for the parties in O.S.No.176 of 2018 submitted that the suit is withdrawn.

3.

The said submission is recorded. Despite the fact that time was sought for by the learned counsel for the first respondent in the last hearing, there is no representation today. 4.

It is submitted that the suits are pending in different Courts, which is as under:

S.No Case Numbers Courts Status O.S.No.42 of 2018 II Additional District Judge, Thoothukudi Pending O.S.No.79 of 2018 I Additional District Judge, Thoothukudi Pending O.S.No.108 of 2018 District Munsif Court at Tiruchendur Pending O.S.No.168 of 2018 Additional District Munsif Court, Thoothukudi Pending O.S.No.174 of 2018 Additional District Munsif Court, Thoothukudi Dismissed

S.No Case Numbers Courts Status O.S.No.176 of 2018 Additional District Munsif Court, Thoothukudi Pending O.S.No.178 of 2018 Additional District Munsif Court, Thoothukudi Dismissed 5.

The learned counsel for the petitioner submits that in view of the fact that suits have been filed in different Courts, as indicated above, they may be directed to be posted before a particular Court for the convenience of the parties and also in order to avoid the multiplicity of the proceedings and also to have a uniform verdict.

6.

We find considerable force in the submission made by the learned counsel for the petitioner. Inasmuch as the relief sought for in all the suits are having cause of action, we deem it fit and appropriate to transfer all the above mentioned pending suits to be tried by the learned First Additional District Judge, Tuticorin. The First Additional District Judge, Tuticorin is directed to dispose of the above mentioned pending cases within a period of one year from the date of receipt of a copy of this Order. 7.

In view of the above, the Civil Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) TO

1. I ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI.

2. II ADDITIONAL DISTRICT JUDGE, THOOTHUKUDI'

3. THE DISTRICT MUNSIF, TIRUCHENDUR

4. THE ADDITIONAL DISTRICT MUNSIF, THOOTHUKUDI

5. THE SUB JUDGE, THOOTHUKUDI.

6. THE DISTRICT COLLECTOR, THOOTHUKUDI.

7. THE SUPERINTENDENT OF POLICE, THOOTHUKUDI

8. THE SECTION OFFICER,ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

9. THE OFFICER INCHARGE, CSI TUTICORIN - NAZARETH DIOCESE CALDWELL HIGH SECONDARY SCHOOL TUTICORIN - 628 001.

COPY TO THE SECTION OFFICER,JUCIDIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1CC TO MR.J.KINGSLY SOLAMON, Advocate Sr. No.59443 +1CC TO MR.K.SUBBU RANGA BHARATHI, Advocate Sr. No.59442 ORDER DATED : 05/04/2019 ==========================

ORDER

========================== CMP(MD). No.9344 of 2018 in LPA(MD) NO.1 of 2018 Giving direction and etc.

as stated within.

KM(CO) TR (04.06.2019) 4P 13C