Madras High Court
P.Sumathi vs M.Kalimuthan on 8 October, 2021
C.R.P.(MD).No.548 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.10.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.R.P.(MD).No.548 of 2020
and
C.M.P(MD)Nos.3428 and 3429 of 2020
P.Sumathi ...Petitioner/Petitioner
Vs.
M.Kalimuthan ...Respondent/Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution
of India, to call for the records relating to order and decreetal order, dated
30.09.2019 made in Tr.O.P.No.13 of 2018 on the file of the Principal District
Judge, Sivagangai and set aside the same and consequently allow the Civil
Revision Petition.
For Petitioner : Mr.J.Anandkumar
For Respondent : Mr.D.Pandiarajan
for Mr.A.Murali Kumar
ORDER
This Civil Revision Petition has been filed to set aside the fair and
decreetal order, dated 30.09.2019 made in Tr.O.P.No.13 of 2018 on the file of
the learned Principal District Judge, Sivagangai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(MD).No.548 of 2020
2.The said Tr.O.P.No.13 of 2018 was filed by the petitioner to transfer
O.S.No.87 of 2014 from the file of the District Munsif Court, Devakottai to
the file of the Sub-Court, Devakottai to be tried along with O.S.No.69 of
2014 pending on the file of the Sub-Court, Devakottai and the same was
dismissed by the Court below. Aggrieved by the said order the revision
petitioner herein is before this Court.
3.In both suits, the parties are same and the properties are also same.
The respondent admitted in his written statement filed in O.S.No.87 of 2014
stating that the respondent will try to stall the decree passed in O.S.No.69 of
2014 using the judgment and decree passed by the Court below. If permanent
injunction regarding the suit properties is granted in favour of the respondent
as against the petitioner, then the respondent will not discharge the borrowed
amount from the petitioner and he will use the judgment and decree of the
Court to prevent the petitioner from proceeding further. So the remedy, that
is to be decided in both the suits are also same. There is no harm to the
respondent, when both the suits tried by one Court.
4.In view of above, this Civil Revision Petition is allowed and the
order, dated 30.09.2019 made in Tr.O.P.No.13 of 2048 by the learned
https://www.mhc.tn.gov.in/judis/
C.R.P.(MD).No.548 of 2020
Principal District Judge, Sivagangai, is set aside. The suit in O.S.No.87 of
2014 pending on the file of the District Munsif Court, Devakottai is ordered
to be transferred to the file of Sub-Court, Devakottai. The learned District
Munsif, Devakottai is directed to transmit the entire records in O.S.No.87 of
2014 to the Sub-Court, Devakottai and the learned Sub Judge, Devakottai is
directed to try the suit in O.S.No.87 of 2014 along with O.S.No.69 of 2014
and dispose of the same in accordance with law. No costs. Consequently,
connected miscellaneous petition is closed.
08.10.2021
Index :Yes/No
Internet:Yes/No
vsd
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The Principal District Judge,
Sivagangai.
2.The District Munsif,
Devakottai.
3.The Sub-Judge,
Devakottai.
https://www.mhc.tn.gov.in/judis/
C.R.P.(MD).No.548 of 2020
S.ANANTHI, J.
vsd
Order made in
C.R.P.(MD).No.548 of 2020
and
C.M.P(MD)Nos.3428 and 3429 of 2020
08.10.2021
https://www.mhc.tn.gov.in/judis/
