Madras High Court
G. Vadivel vs N.Govindaraj on 10 March, 2023
CRP(MD).No.639 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
CRP(MD).No.639 of 2023 and
CMP(MD).No.2947 of 2023
G. Vadivel ... Petitioner
-Vs-
1.N.Govindaraj
2.Dhanapal
3.Panchalai
4.Jayalakshmi
5.Rajasekaran
6.Nagendran ... Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the
Constitution of India against the fair and decreetal order, dated 02.11.2022
rendered in Tr.O.P.No.363 of 2022 on the file of the learned Principal
District Judge, Tiruchirappalli.
For Petitioner : Mr.K.S. Kathiravan
1/6
https://www.mhc.tn.gov.in/judis
CRP(MD).No.639 of 2023
ORDER
This Civil Revision Petition has been filed against the fair and
decreetal order, dated 02.11.2022 made in Tr.O.P.No.363 of 2022 on the
file of the learned Principal District Judge, Tiruchirappalli.
2. By the impugned order dated 02.11.2022, the learned Principal
District Judge, Tiruchirappalli, dismissed the said transfer original petition,
holding that the parties and reliefs sought for in all the three suits, which
are sought to be transferred, are not similar and that the suit in O.S.No.
1544 of 2002, on file of II Additional District Munsif, Tiruchirappalli, is at
closing stage of evidence, based on the direction given by this Court in
C.R.P.(MD)No.1242 of 2021.
3. The revision petitioner is the third defendant in the suit in O.S.No.
1544 of 2002, on the file of the II Additional District Munsif Court,
Tiruchirappalli. The above said suit has been filed by the respondents 2 to
6 against the first respondent herein and one Ondiyapillai. The petitioner
was subsequently impleaded as the third defendant as per the order passed
in I.A.No.201 of 2009.
https://www.mhc.tn.gov.in/judis
CRP(MD).No.639 of 2023
4. A Civil Revision Petition in C.R.P.(MD)No.1242 of 2021 was
filed by the respondents 2 to 6 herein, whereby this Court, by order dated
07.09.2021, directed the II Additional District Munsif, Tiruchirappalli to
dispose the suit in O.S.No.1544 of 2002 within a period of six months
from the date of receipt of a copy of the order.
5. The 1st respondent herein is the father of the petitioner. The first
respondent herein and one Ondia Pillai have also filed a suit in O.S.No.
1591 of 2002, on the file of the II Additional District Munsif Court,
Tiruchirappalli, against one Pappammal @ Kulandhayee @ Pappa.
Pending suit, the defendant died and thereafter, her legal heirs were
impleaded as defendants, who are neither parties to the suits in O.S.No.
1544 of 2002 and O.S.No.966 of 2022 nor in the present Civil Revision
Petition. O.S.No.1591 of 2002 was dismissed for non-prosecution on
11.01.2023. The first respondent also filed another suit in O.S.No.966 of
2022 before the IV Additional Subordinate Court, Tiruchirappalli, against
the 6th respondent herein viz.,1st plaintiff in O.S.No.1544 of 2002. The
first respondent is the 1st defendant in the aforesaid suit.
https://www.mhc.tn.gov.in/judis
CRP(MD).No.639 of 2023
6. The specific case of the petitioner is that all the three suits are
pursuant to the same property. It is submitted that the suit in O.S.No.1544
of 2002 has been filed for declaration and permanent injunction, whereas
the suit in O.S.No.966 of 2022 and O.S.No.1591 of 2002 has been filed for
permanent injunction.It is submitted that the Trial Court committed an
error in dismissing Tr.O.P.No.363 of 2022 to transfer all the three suits in
the one Court for joint trial.
7. I have heard the learned counsel appearing for the petitioner and
perused the materials available on record.
8. There is no merit in this Civil Revision Petition. There is a
direction of this Court in C.R.P.(MD)No.1242 of 2021 to complete the
proceedings in O.S.No.1544 of 2002. The first respondent has filed
O.S.No.966 of 2022, before the IV Additional Sub Court, Tiruchirappalli,
in respect of the same property. O.S.No.966 of 2022 is clearly intended to
delay proceedings and pronouncement of judgment in O.S.No.1544 of
2002. O.S.No.1591 of 2002, which was filed before the II Additional
District Munsif Court, Tiruchirappalli, by the petitioner's father/first
respondent herein and Ondia Pillai, has been dismissed for default.
https://www.mhc.tn.gov.in/judis
CRP(MD).No.639 of 2023
9. O.S.No.1544 of 2002 is pending for the past 21 years. Therefore,
there is no justification for transferring O.S.No.1544 of 2022 to the IV
Additional Sub Court, Tiruchirappalli, where O.S.No.966 of 2022 is
pending. The learned Principal District Judge, Tiruchirappalli has rightly
dismissed the application for transfer filed by the petitioner's father/first
respondent herein. This Court is not, therefore, inclined to interfere with
the order passed by the learned Principal District Judge, Tiruchirappalli.
10. In view of the above, the present Civil Revision Petition is
dismissed. No costs. Consequently, connected Miscellaneous Petition is
closed.
10.03.2023
Index : Yes / No
Internet : Yes/ No
trp
To
The Principal District Judge,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis
CRP(MD).No.639 of 2023
C.SARAVANAN, J.
trp/smn2
CRP(MD).No.639 of 2023 and
CMP(MD).No.2947 of 2023
10.03.2023
https://www.mhc.tn.gov.in/judis
