Madras High Court
P.Muthusamy vs A.Balasubramaniam on 6 July, 2022
C.R.P.(PD)No.84 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM :
THE HONOURABLE MS. JUSTICE R.N.MANJULA
C.R.P.(PD)No.84 of 2022
and
C.M.P.No.2711 of 2022
P.Muthusamy ... Petitioner
..Vs..
T.Arunachalam (died)
1.A.Balasubramaniam
2.A.Paramasivam
3.The Revenue Divisional Officer,
Revenue Divisional Office,
Tiruppur.
4.The Tahsildar,
Taluk Office,
Tirupur. ... Respondents
Prayer :- Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the order dated 8.9.2022 made in
Tr.O.P.No.54 of 2021 pending on the file of the Principal District Court,
Tirupur.
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C.R.P.(PD)No.84 of 2022
For Petitioner : Mr.S.Sridharan
For Respondents : Mr.K.Govi Ganesan
for R1 and R2
Mr.E.Vijayanand
Additional Government Pleader
for R3 and R4
ORDER
This Civil Revision Petition has been preferred challenging the
order dated 8.9.2022 passed in Tr.O.P.No.54 of 2021 by the learned
Principal District Judge, Principal District Court, Tirupur.
2.The revision petitioner is the first defendant in the suit in
O.S.No.224 of 2009 which was filed originally by the respondents 1 and
2 herein/plaintiffs before the learned District Munsif, Tiruppur for
declaration and permanent injunction; thereafter, on the point of
jurisdiction, the suit was transferred to Additional District Munsif Court,
Tiruppur ; subsequently, the revision petitioner has filed yet another suit
in O.S.No.489 of 2015 before the learned Principal District Munsif,
Tiruppur in respect of the same subject matter ; the plaintiffs have filed
yet another suit in O.S.No.169 of 2019 before the learned Principal
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C.R.P.(PD)No.84 of 2022
District Munsif, Tiruppur to declare certain documents as null and void;
and thereafter, the first defendant in O.S.No.224 of 2009 filed a transfer
petition in Tr.O.P.No.54 of 2021 before the Principal District Judge,
Tirupur to transfer O.S.No.224 of 2009 and connected applications from
the file of the Additional District Munsif Court, Tiruppur to the file of the
Principal District Munsif Court, Tiruppur for trying jointly along with
other two suits in O.S.Nos.489 of 2015 and 169 of 2019; however, the
learned Principal District Judge, Tiruppur has dismissed the petition.
Aggrieved over that, the petitioner has preferred this revision petition.
3. The learned counsel for the petitioner submitted that since the
parties in both the suits are same and subject matter is also the same, the
suit in O.S.No.224 of 2009 can be transferred to the other Court, where
the two other suits are already pending and it will avoid the conflict of
decisions; the learned Principal District Judge, Tiruppur did not consider
the genuine request and dismissed the petition and hence, the impugned
order should be set aside.
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C.R.P.(PD)No.84 of 2022
4. The learned counsel for the respondent submitted that the suit in
O.S.No.224 of 2009 is filed before 12 years and the same is still pending
without any disposal. The suit has almost reached the stage of judgment,
at this stage no transfer can be made and hence, the order does not
require any interference.
5. The records would show that the earliest suit in O.S.No.224 of
2009 was pending for nearly 12 years, in which judgment is reserved.
Thereafter, the very same petitioner has to have filed an application to re-
open his evidence and the same was dismissed. Now, the learned counsel
for the petitioner submitted that the order was challenged by way of
filing another Civil Revision Petition and hence it won't cause any harm
of the matters are allowed to be tried together in one Court.
6. Whenever the cases are ordered to be tried together, it should be
seen whether the trial has commenced or not in either of the suits.
7.Admittedly, in this case trial has already commenced and even
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C.R.P.(PD)No.84 of 2022
concluded. It is seen that the suit in O.S.No.224 of 2009 is the earliest
and oldest. Supposing the suits filed later in the point of time got
disposed earlier by keeping earlier suit pending, it can be understandable
that the later suits should be stayed, even though, the petitioner has not
filed any application for staying any of the proceedings. This is in order
to avoid conflicting decisions. The petitioner has chosen to file the
transfer application at a very belated stage when the suit in O.S.No.224
of 2009 was reserved for judgment. The learned trial Judge has rightly
apprised the situation and chosen to dismiss the Tr.O.P.No.54 of 2021,
which in my opinion does not require any interference.
8. In the result, this Civil Revision Petition is dismissed and the
dated 8.9.2022 passed in Tr.O.P.No.54 of 2021 by the learned Principal
District Judge, Tirupur. is confirmed. No costs. Consequently, connected
miscellaneous petition is closed.
06.07.2022
Index:Yes No
Speaking Order:Yes/No
ms
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C.R.P.(PD)No.84 of 2022
R.N.MANJULA, J.
ms
To
1.The Principal District Judge,
Tirupur.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Tiruppur.
3.The Tahsildar,
Taluk Office,
Tirupur.
C.R.P.(PD)No.84 of 2022
and
C.M.P.No.2711 of 2022
06.07.2022
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