Madras High CourtREV.APLC(MD)/1/2024disposed of

S.Subramanian, v. S.Jeyalakshmi,

2024-02-29Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.02.2024

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY REV.APLC(MD).No.1 of 2024 in C.R.P(MD)No.2858 of 2023 and C.M.P(MD)No.320 of 2024

1. S.Subramanian

2. S.Swaminathan ... Review Petitioners /Vs./

1. S.Jeyalakshmi

2. S.Padmavathi

3. S.Thiagarajan

4. Hotel Anjappar

5. M/s.Annamalai Nagar Education Centre, Represented by its Manager.

6. M/s.M.V. Motors (The Grazy Cars), Represented by its Proprietor G.S.Murugesan.

7. M/s.Bajaj Service Center, Represented by Manager.

8. M/s.Mozhisuzuki Show Room, Represented by its Proprietor Mr.Jaya Karna.

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9. M/s.Nexa Show Room (Maruti Suzuki), Represented by its Proprietor Mr. Srinivasan.

10. M/s.Aishwarya Fertility Center, Represented by Manager.

11. M/s.A. Sanglimuthu Steel and Cement Merchant, Represented by its Proprietor Krishnamoorthy.

12. M/s.Hotel Junior Kuppanna, Represented by its Proprietor

13. M/s.Murugappa Cards, represented By its Proprietor.

14. M/s.Thillai Pet Clinic, Represented by its Proprietor.

15. M/s.Insta Cash by its Regional Manager.

16. Tiruchirapalli City Municipal Corporation, Represented by its Executive Authority the Commissioner, Corporation Buildings, Bharathidasan Salai, Tiruchirapalli - 620 001.

17. Maheswari

...Respondents

[No relief sought against the respondents 4 to 16, hence, notice on them may be dispensed with] P RAYER : Review Application filed under Order 47 rule 1 R/W 114 of Civil Procedure Code, to prefer the Review Application against the order passed in C.R.P.(MD).No.2858 of 2023 dated 03.11.2023. 2/6

For Review Petitioners : M/s.H. Arumugam For R-1 & R-2 : Mr.S.K.Mani For R-3 & R-17 : No appearance

JUDGMENT

Heard M/s.H. Arumugam, the Learned Counsel appearing for the Review Petitioner and Mr.S.K.Mani, the Learned Counsel appearing for the Respondents.

2. The present review application is filed against the order dated 03.11.2023 of this Court passed in C.R.P.(MD)No.2858 of 2023. The revision petitioners are arrayed as respondents 1 & 2 herein who had filed C.R.P.(MD)No. 2858 of 2023 for the prayer of speedy disposal of the suit in O.S.No.151 of 2020 which is pending on the file of the II Additional District Court, Tiruchirappalli. The present Review Applicants were arrayed as respondents 2 and 3 in the CRP.

3. This Court after considering the submissions of the petitioners in CRP had allowed the Civil Revision Petition and directed the Court below to dispose of the suit in O.S.No.151 of 2020, within a 3/6

period of Eight months from the date of receipt of a copy of the Order. The said order was passed without issuing notice to other respondents. Aggrieved over the same, the present review is filed.

4. The contention of the review applicants is that the order, dated 03.11.2023 made in C.R.P(MD)No.2858 of 2023 was passed without issuing notice to the review applicants and some other parties who are interested parties in the suit. Further, it was reported that there are two more suits are pending before various Courts in Trichirappalli District.

5. Now, the review applicant is heard and he is not having any objections to dispose of the suit. But his contention is if after all the suits were tagged together and trial is conducted, then a common judgment may be passed and also avoid inconsistent judgments.

6. It is submitted by the parties that as on date, all the three suits are tagged together, namely O.S.No.1413 of 2017 on the file of the II Additional Subordinate Court, Tiruchirapalli and in O.S.No.687 of 4/6

2019 on the file of the I Additional District Munsif Court, Tiruchirapalli and O.S.No.151 of 2020 on the file of the II Additional District Court, Tiruchirapalli and all the three suits were transferred to II Additional District Court, Trichirappalli. Therefore, there is no grievance by the review applicants now.

7. Accordingly, this Review Application is disposed of with the direction that trial shall be conducted in all the three suits together and the trial shall be completed within a period of one year. No Costs. Consequently, connected miscellaneous petition is closed. No Costs. 29.02.2024 Index : Yes / No NCC : Yes / No KSA 5/6

S.SRIMATHY, J.

ksa Order made in REV.APLC(MD).No.1 of 2024 in C.R.P(MD)No.2858 of 2023 29.02.2024 6/6