S.P.Jeyalakshmi v. P.Gowri

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD).No.10987 of 2025 1.S.P.Jeyalakshmi 2.P.Prema 3.P.Uma 4.Balakesan 5.P.Murugesan 6.Jeyakesan

...Petitioners

(Petitioner Nos.4 and 5 are represented through their Power of Attorney the 6th petitioner) Vs.

1.P.Gowri 2.P.Ramaprabha 3.The District Collector, District Collector Office, Theni, Theni District.

4.The Tahsildar, Tahsildar Office, Periakulam Taluk, Theni District.

5.The Village Administrative Officer, Genguvarpatti Village.

Periyakulam Taluk, Theni District.

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6.The Sub Registrar, Batlagundu, Dindigul District.

...Respondents

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order dated 17.03.2025 passed in Tr.O.P.No.25 of 2024 by the learned Principal District Judge, Theni in O.S.No. 3 of 2020 on the file of the District Munsif Court, Periakulam, thereby allowing the Civil Revision Petition with costs.

For Petitioner : Mr.S.Anand Chandrasekar, for M/s.Sarvabhauman Associates For R-3 to R-6 : Mr.B.Saravanan, Additional Government Pleader * * * * *

ORDER

This Civil Revision Petition has been filed seeking orders to set aside the fair and decreetal order dated 17.03.2025 passed in Transfer Original Petition No.25 of 2024 (Tr.O.P.No.25 of 2024) by the learned Principal District Judge, Theni, in Original Suit No.3 of 2020 (O.S.No.3 of 2020) on the file of the District Munsif Court, Periyakulam, thereby allowing the Civil Revision Petition with costs.

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2. The learned counsel appearing for the petitioners would submit that the petitioners are defendant Nos. 1 to 5 in O.S.No.3 of 2020 on the file of the District Munsif Court, Periyakulam. The first respondent herein filed the above said suit seeking the relief of declaration, consequential permanent injunction, and for a direction to the fifth respondent to issue necessary copies of revenue records. He would further submit that the first respondent filed a petition in Transfer Original Petition No.25 of 2024 before the learned Principal District Judge, Theni, seeking transfer of O.S.No.3 of 2020 from the file of the District Munsif Court, Periyakulam, to the Subordinate Court, Periyakulam, to be tried jointly along with O.S.No.3 of 2023. The learned Principal District Judge, without properly considering the objections raised by the petitioners, by an order dated 17.03.2025, allowed the said Transfer Petition and directed joint trial of both the suits. Aggrieved by the same, the petitioners have filed the present Civil Revision Petition.

3. The learned counsel further submits that, without going into the merits of the case, this Court may be pleased to issue a direction to the Subordinate Court, Periyakulam, to dispose of both the suits within a time frame fixed by this Court.

4. Since no adverse orders are going to be passed against the respondents, notice to the respondents is dispensed with.

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5. Considering the submissions made by the learned counsel appearing for the petitioners, this Court directs the Subordinate Court, Periyakulam, to dispose of O.S.No.3 of 2020 and O.S.No.3 of 2023 within a period of three (3) months from the date of receipt of a copy of this order.

6. Accordingly, this Civil Revision Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 16.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The District Munsif Court, Periakulam.

2.The Sub Court, Periakulam.

3.The Principal District Judge, Theni.

4.The District Collector, District Collector Office, Theni, Theni District.

5.The Tahsildar, Tahsildar Office, Periakulam Taluk, Theni District.

5.The Village Administrative Officer, Genguvarpatti Village.

Periyakulam Taluk, Theni District.

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7.The Sub Registrar, Batlagundu, Dindigul District.

8.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI , J.

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