A.Duraisamy vs M.Chellammal
2022 Latest Caselaw 10239 Mad

                                                                                C.R.P.(PD).No.1746 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 15.06.2022

                                                         CORAM:

                                      THE HON'BLE Ms.JUSTICE R.N.MANJULA

                                                C.R.P.(PD).No.1746 of 2022
                                                           and
                                                  C.M.P.No.8800 of 2022

                  A.Duraisamy                                                  ... Petitioner

                                                            Vs.
                  M.Chellammal                                                 ... Respondent


                  PRAYER : Civil Revision Petition is filed under Article 227 of the
                  Constitution of India, to issue an order of direction, for transferring the suit in
                  O.S.No.350 of 2011 pending on the file of District Munsif Court, Attur to the
                  Subordinate Court, Attur to try along with the suit in O.S.No.24 of 2018 and
                  allow the above Civil Revision Petition.
                                    For Petitioner          :     Mr.C.Prabakaran

                                                        **********
                                                        ORDER

This Civil Revision Petition has been preferred challenging the order of

the learned Principal District Judge, Salem dated 26.11.2021 made in

Tr.O.P.No.33 of 2021.

https://www.mhc.tn.gov.in/judis C.R.P.(PD).No.1746 of 2022

2. The revision petitioner was the petitioner in the Transfer Original

Petition. The transfer petition was filed by the petitioner for transferring

OS.No.350 of 2011 pending on the file of the District Musif Court, Attur to

the Subordinate Court, Attur and to try it along with the other suit pending in

O.S.No.24 of 2018. The learned trial Judge dismissed the Transfer Original

Petition. Aggrieved over that the revision petitioner has preferred this

Revision.

3. The learned counsel for the petitioner submitted that he has filed the

suit in OS.No.350 of 2011 for the relief of permanent injunction and

subsequently he has filed another suit in OS.No.24 of 2018 for the relief of

declaration and recovery of possession. Since the particulars of the suit

properties are one and the same, the interest of justice can be served if both

the suits are tired simultaneously in one Court.

4. On perusal of the order of the learned District Judge it is seen that in

the earlier case pending in OS.No.350 of 2011, the trial is already over and

even at the time of filing the transfer petition, the said case was pending for

judgment. The other suit has been filed after 7 years. If the petitioner is really

https://www.mhc.tn.gov.in/judis C.R.P.(PD).No.1746 of 2022

aggrieved that the result of one of the suits would have a repercussion on the

other suit, he ought to have filed a petition under Section 10 to stay one suit

till disposal of the other suit. Instead of invoking such an option, he has

chosen to file Transfer Petition at the stage when the trial in the other suit has

been completed. At this stage even if the prayer of the petitioner is

considered, there cannot be any possibility for simultaneous trial or joint trial.

Therefore, I find no grounds to entertain this Revision.

5. Accordingly, this Civil Revision Petition is dismissed. No costs.

Consequently, the connected civil miscellaneous petition is closed.

15.06.2022 Index: Yes/No Speaking / Non Speaking Order dsa To

1.The District Munsif, Attur.

2.The Subordinate Judge, Attur.

3.The Principal District Judge, Salem.

https://www.mhc.tn.gov.in/judis C.R.P.(PD).No.1746 of 2022

R.N.MANJULA, J

dsa

C.R.P.(PD).No.1746 of 2022

15.06.2022

https://www.mhc.tn.gov.in/judis