Madras High CourtCRP(MD)/2009/2021dismissed

G.Rajasekaran v. R.Jothi

2022-03-22Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.R.P(MD).No.2009 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2022

CORAM

THE HONOURABLE MRS.JUSTICE S. ANANTHI C.R.P(MD).No.2009 of 2021 and CMP(MD).No.10789 of 2021 1.G. Rajasekaran 2.R.Gomathi : Petitioners / Plaintiffs Vs.

R.Jothi : Respondent / defendant PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India against the order made in I.A.No.05 of 2021 in O.S.No.161 of 2013 on the file of the II Additional District Judge, Trichy, dated 01.10.2021.

For petitioners : Mr. R.Sundar For respondent : Mr. C. Vakeeswaran

ORDER

The revision petitioners / plaintiffs filed this revision to set aside the order, dated 01.10.2021 made in I.A.No.05 of 2021 in O.S.No.161 of 2013 on the file of the II Additional District Judge, Trichy.

2. Heard the learned counsel appearing on either side and perused the materials on record.

3. The said I.A.No.5 of 2021 was filed by the petitioners / plaintiffs for joint trial in O.S.Nos.127 of 2011 and 161 of 2013. It is reported that already at request by the same petitioners / plaintiffs simultaneous trial was ordered on 16.03.2016 and the trial was also commenced and pending as part heard stage. Now, the revisions petitioners have filed the present Interlocutory Application for joint trial without giving any valid reason.

4. Since already simultaneous trial was ordered and the suit has become part heard stage, this Court has not find any valid reason to allow this revision.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.2009 of 2021

5. Accordingly, this Civil Revision Petition is dismissed by confirming the order dated 01.10.2021 made in I.A.No.05 of 2021 in O.S.No.161 of 2013 on the file of the II Additional District Judge, Trichy. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) trp To The II Additional District Judge, Trichy.

+1 CC to M/s.C.VAKEESWARAN, Advocate ( SR-13606[F] dated 22/03/2022 ) +1 CC to M/s.R.SUNDAR, Advocate ( SR-13698[F] dated 23/03/2022 ) C.R.P(MD).No.2009 of 2021 and CMP(MD).No.10789 of 2021 22.03.2022 MGJ(31.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2