Madras High Court
Kasthuri vs A.Kalpana on 7 July, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.07.2021
Coram
The Hon'ble Mr. Justice C.V.KARTHIKEYAN
C.R.P.PD.No.618 of 2020
and
C.M.P.No.3247 of 2020
1.Kasthuri
2.M.Shanmugam
... Petitioners / Defendants 1 and 2
Vs
1.A.Kalpana
2.V.Bhuvana ... Respondents / Plaintiffs
3.V.Sundaramurthy
4.Pangajavalli
5.Ponnatchi
6.Kousalya
7.Kamalakannan
8.Janaki ... Respondents / Defendants 3 to 8
Civil Revision Petition filed under Article 227 of the Constitution
of India, to strike off the plaint filed in O.S.No.13 of 2020 now pending
on the file of the Principal District and Sessions Court, Thiruvallur.
For Petitioners .. Mr.T.S.Rajamohan
For Respondents .. Mr.Sathish
https://www.mhc.tn.gov.in/judis/
for Mr.T.Sundaravadhanan
2
ORDER
This revision petition has been filed taking advantage of Article
227 of the Constitution of India by the 1st and 2nd defendants in
O.S.No.13 of 2020 which is pending on the file of the Principal District
and Sessions Court, Thiruvallur and later transferred to the IV Additional
District Court, Ponneri at Tiruvallur, seeking to strike out the said suit.
2.The grievance of the revision petitioners is that they had in their
status as plaintiffs instituted C.S.No.773 of 2016 which is now pending
on the file of the Original Side of this Court. In that particular suit, the
string of properties has been given to the schedule of the plaint. As a
matter of fact, as many as 17 items had been mentioned.
3.In this particular revision petition and in O.S.No.13 of 2020, the
parties are interested in item No.14 which is given to the schedule of the
plaint in C.S.No.773 of 2016. The said item No.14 is a vacant land
bearing Plot No.13, Vadivel Nagar, Madhavaram Village, Ambattur
Taluk, Tiruvallur District.
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4.It appears from the reading of the plaint in O.S.No.13 of 2020,
that the said property had been the subject matter of various transactions.
The revision petitioners/plaintiffs in C.S.No.773 of 2016 claimed that the
documents which reflect their title alone are valid, which stand is
disputed by the plaintiff in O.S.No.13 of 2020 who in their suit before
the IV Additional District Court, Ponneri at Tiruvallur, have sought for
declaration of title over the very same property. Claiming that the same
property is the bone of contention in two separate suits which is not
permissible in the eyes of law, the revision petition has been filed
seeking to strike off the plaint filed in O.S.No.13 of 2020 from the
records of the IV Additional District Court, Ponneri at Tiruvallur.
5.Heard Mr.T.S.Rajamohan, learned counsel for the revision
petitioner and Mr.Sathish for Mr.T.Sundaravadanan, learned counsel for
the respondents / plaintiff in O.S.No.13 of 2020.
6.It is a fact that item No.14 in C.S.No.773 of 2016 namely,
vacant land bearing Plot No.13, Vadivel Nagar, Madhavaram Village,
Ambattur Taluk, Tiruvallur District, is the subject matter of the suit in
O.S.No.13 of 2020. However, the relief sought with respect to that
https://www.mhc.tn.gov.in/judis/
particular property in C.S.No.773 of 2016 is for permanent injunction.
Whereas, the reliefs sought for in O.S.No.13 of 2020 is for declaration of
title.
7.Let me not go into the rival claims, since both the suits are at
nascent stage and it would be highly inappropriate to examine the merits
of the parties over the title of the property. It would only be prudent that
both the suits are tried together, since at least one issue revolves around
the same property and the documents also relate to the same property. All
these documents should be tested in the manner known to law.
8.Mr.T.S.Rajamohan, learned counsel stated that on getting
necessary instructions to transfer O.S.No.13 of 2020 from the file of the
IV Additional District Court, Ponneri at Tiruvallur, an application would
be filed and the learned counsel stated that disposal of this revision
petition should not come in the way of such application being filed. The
petitioners herein are at liberty to file application as they deem fit for
effective disposal of the issues raised in both the suits and to ensure that
consistency in judgment is also granted to the parties with respect to the
issues raised in the two parallel suits.
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9.The learned counsel for the respondents did not raise any serious
objection for such procedure to be adopted.
10.With the above observations, the Civil Revision Petition is
dismissed. No costs. Consequently, the connected Civil Miscellaneous
Petition is closed.
07.07.2021
smv
Index : Yes / No
Internet : Yes / No
Speaking order : Yes / No
To,
The IV Additional District Court, Ponneri at Tiruvallur.
https://www.mhc.tn.gov.in/judis/
C.V.KARTHIKEYAN,J.
smv
C.R.P.PD.No.618 of 2020
and
C.M.P.No.3247 of 2020
07.07.2021
https://www.mhc.tn.gov.in/judis/
