Madras High Court
Devarajalu Naidu (Died) vs K.Ramamurthy Naidu on 18 February, 2021
C.R.P.(P.D).No.2057 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(P.D).No.2057 of 2016
and C.M.P.No.10690 of 2016
1.Devarajalu Naidu (Died)
2.D.Ellammal
3.D.Babu
4.N.Bhagavathi
5.D.Gokulan ...Petitioners
Vs
1.K.Ramamurthy Naidu
2.R.Rajasekaran
3.V.Babu
4.G.Mohammed Azeez ...Respondents
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India to set aside the Docket order dated 04.04.2016 passed by the learned
District Munsif, Tambaram, in Memo SR No.679 of 2016, dated 10.02.2016
filed by the 3rd and 4th defendants/3rd and 4th respondents herein in
O.S.No.222 of 2011.
For Petitioners : Mr.Ravikumar paul
Senior Counsel for
M/s Paul and Paul
For Respondents : Mr.T.Thiyagarajan
for R3 & R4
For R1 & R2 - Notice served
1/7
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C.R.P.(P.D).No.2057 of 2016
ORDER
The Civil Revision Petition is directed, to set aside the Docket
order dated 04.04.2016 passed by the learned District Munsif, Tambaram, in
Memo SR No.679 of 2016, filed by the 3rd and 4th defendants/3rd and 4th
respondents herein in O.S.No.222 of 2011.
2.The 1st petitioner is the plaintiff in O.S.No.222 of 2011, filed for
declaration declaring that the sale deeds dated 14.11.1983 and 08.11.2011
in document Nos.9451 of 1983 and 5422 of 2011 on the file of the SRO,
Tambaram, as null and void.
3.The case of the 1st petitioner is that while pending the suit the
3rd defendant executed the sale deed in respect of the suit property in favour
of the 4th respondent herein and as such he has been impleaded as a 4 th
defendant in the suit vide order dated 29.10.2012 in I.A.No.752 of 2012.
After three years from the said suit, the 4th respondent namely, the 4th
defendant in the suit, filed another suit in O.S.No.332 of 2014 for
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C.R.P.(P.D).No.2057 of 2016
declaration, declaring that the sale deed dated 16.10.1985 in document
No.7777 of 1985 executed in favour of the 1st petitioner herein as null and
void and permanent injunction in respect of the very same property. Both the
suits are pending before the District Munsif, Tambaram. While being so, the
3rd and 4th respondent herein filed a memo and prayed for joint trial in both
the suits, viz., O.S.Nos.222 of 2011 and 332 of 2014. On the memo, the
Court below ordered enquiry and the 1st petitioner also filed objections in
the said memo. The only objection raised by the 1st petitioner is that the 2 nd
suit was filed after a period of three years from the suit filed by the 1st
petitioner. The 3rd and 4th respondents may not be successful in the 2 nd suit
i.e., O.S.No.332 of 2014 in conclusion of the trial and as such they sought
for joint trial of both the suits. On receipt of the objection, the Court below
ordered for joint trial of both the suits, viz., O.S.Nos.222 of 2011 and 332 of
2014. The Court below ought not to have ordered for joint trial, on the
memo filed by the parties. The parties ought to have file a petition under
Section 151 CPC and ask for joint trial. Without doing so, the Court below
simply ordered for joint trial without any application. In support of his
contention, a Judgment in the case of M.S.Anjaiah Vs. N.Rajaiah and
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C.R.P.(P.D).No.2057 of 2016
another [CDJ 2003 APHC 057] was relied upon by the learned counsel for
the petitioners and the relevant paragraphs are given below:-
"In view of the settled legal proposition, I am
of the considered opinion that the power of the Court to
order consolidation of suits clubbing of suits or joint
trial of suits by exercising powers under Section151 of
the Code of Civil Procedure cannot be in any way
doubted. But, however, when one of the parties are not
agreeable for such a course, then the proper course will
be to move a regular application explaining the facts
and circumstances of the litigations which are sought to
be consolidated or clubbed for being tried together.
However, in the peculiar facts and circumstances of the
present case and also taking into consideration that one
suit already was heard and ripe for disposal and
another suit is at the stage of recording evidence and
also taking into consideration the undertaking of both
the counsel before the trial it will be just and convenient
to make the following order.
The learned Senior Civil Judge at Siddipet is
hereby directed to try and dispose of O.S.No.4 of 2002
and O.S.No.5 of 2002 on the file of the said Court
independently and dispose of simultaneously, since, it
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C.R.P.(P.D).No.2057 of 2016
will be just and equitable order in the facts and
circumstances of the case."
4.In the above cited Judgment, the Hon'ble High Court of Andhra
Pradesh has held that when one of the parties are not agreeable for joint
trial, the parties should move a regular application for joint trial. In the case
on hand, though the 1st petitioner was not agreed for joint trial, he was
given an opportunity to file his objections in the memo filed by the
respondents 3 and 4. Thereafter, the 1st petitioner also filed his objections
in which the 1st petitioner failed to raise any objection with regard to
maintainability of the memo.
5.Though the petitioner has got opportunity, to make his
objections in the memo, the concerned parties have to file necessary
objection for consolidated trial. That apart, on receipt of the objections by
the petitioner, the Court below ordered for joint trial. Therefore, the
Judgment cited by the learned counsel for the petitioners is not helpful for
his case. Further, this Court finds no irregularity or infirmity in the docket
order passed by the Court below. However, the trial Court is directed to
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C.R.P.(P.D).No.2057 of 2016
dispose of both the suits, i.e., O.S.Nos.222 of 2011 and 332 of 2014 within
a period of six months from the date of receipt of a copy of this order. No
costs. Consequently connected miscellaneous petition is closed.
18.02.2021
Index:Yes/No
Internet: Yes/No
Speaking Order: Yes/No
Jer
To
The District Munsif, Tambaram.
http://www.judis.nic.in
C.R.P.(P.D).No.2057 of 2016
G.K.ILANTHIRAIYAN.J,
Jer
C.R.P.(P.D).No.2057 of 2016
and C.M.P.No.10690 of 2016
18.02.2021
http://www.judis.nic.in
