Madras High CourtCRP(MD)/2299/2018disposed of

S.P.Dinakaran, v. P.Kannappan @ Kannan,

2019-12-04Honourable Mrs Justice R. Tharani2 pages

C.R.P(MD) No.2299 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI C.R.P(MD) No.2299 of 2018 and C.M.P.(MD)Nos.10275 of 2018 and 7032 of 2019 1.S.P.Dinakaran 2.Arunkumar ... Revision Petitioners/Petitioners Vs.

1.P.Kannappan @ Kannan 2.C.S.P.Suresh Babu 3.C.S.P.Sasikumar ... Respondents /Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to reverse the decision of the lower Court rendered in Tr.O.P.No.9 of 2017 on the file of the learned District Judge, Theni, dated 31.08.2018 to allow the said Tr.O.P. as prayed for and thus allow the Civil Revision Petition with costs. For Petitioners :Mr. M.S.Balasubramania Iyer For R1 : Mr.R.Ganesan For R2 & R3 : No appearance ***

ORDER

The learned counsel for the petitioners as well as the learned counsel for the first respondent are present.

2. On the side of the petitioners, it is stated that connected matter is pending before the District Munsif Court, Uthamapalayam and the same is to be transferred to the Subordinate Court, Uthamapalayam for trial along with O.S.No.33 of 2017.

3. The reasons stated in the petition are satisfactory. The learned counsel for the first respondent has no serious objection.

4. Hence, the order passed by the learned District Judge, Theni, in Tr.O.P.No.9 of 2017, dated 31.08.2018, is set aside. O.S.No.253 of 2012 is withdrawn from the file of the District Munsif Court, Uthamapalayam and is transferred to the file of the Subordinate Court, Uthamapalayam for joint trial with O.S.No.33 of 2017, pending before the Subordinate Court, Uthamapalayam forthwith.

5. The Subordinate Judge, Uthamapalayam is directed to dispose of both the cases within a period of four months from the date of https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD) No.2299 of 2018 receipt of the entire bundle from the District Munsif Court, Uthamapalayam. Both the parties are directed to co-operate with the same.

6. With the above directions, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The District Munsif Court, Uthamapalayam.

2.The District Judge, Theni.

3.The Subordinate Judge, Uthamapalayam.

4.The Section Officer,(2 copies) VR Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.GANESAN, Advocate ( SR-103255[F] dated 04/12/2019 ) C.R.P(MD) No.2299 of 2018 04.12.2019 VB(19.12.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2