Madras High Court
Mr.Subramanian @ Subramani vs Mr.Murugesan (Died) on 12 November, 2025
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12/11/2025
CORAM
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.R.P.(PD)NO.4050 OF 2022
and C.M.P.NO.21009 of 2022
Mr.Subramanian @ Subramani ... Petitioner/Respondent
Plaintiff
Vs.
1.Mr.Murugesan (died)
2.Ms.M.Palaniammal
3.Ms.Pushpa
4.Ms.Shanthi
5.Ms.Saranya ... Respondents/Petitioners
Defendants
PRAYER : Civil Revision Petition filed under Article 227 of
Constitution of India, 1950, praying to set aside the Order dated
September 16, 2022 passed in I.A.No.125 of 2020 in O.S.No.347 of 2013
on the file of the Principal District Munsif Court at Kallakurichi.
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For Petitioner : Mr.V.Ruthra Mohan
for Mr.T.Balachandran
For Respondent-1 : Died
For Respondents
2 to 5 : M.Shrish
for Mr.N.Manoharan
ORDER
Feeling aggrieved by the Order dated September 16, 2022 passed
in I.A.No.125 of 2020 in O.S.No.341 of 2021 on the file of the 'Principal
District Munsif, Kallakurichi' (hereinafter referred to as 'Trial Court'), the
respondent therein has filed this Civil Revision Petition.
2.The Revision Petitioner herein is the plaintiff and the
respondents herein are the defendants. The plaintiff filed the Suit in
O.S.No.347 of 2013 on the file of the Trial Court seeking declaration,
injunction and other reliefs. The said Suit was decreed exparte on March
30, 2016. Thereafter, the respondent herein filed a petition to set aside
the exparte decree along with Section 5 application in I.A.No.125 of
2020 praying to condone the delay of 1431 days in filing the petition to
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set aside the exparte decree and the same was allowed by the Trial Court
on payment of cost.
3.Feeling aggrieved, the plaintiff therein has preferred this Civil
Revision Petition.
4.Mr.V.Ruthra Mohan representing Mr.T.Balachandran, counsel
on record for the Revision Petitioner submits that the respondents have
filed a Suit in O.S.No.257 of 2013 on the file of the Sub Court,
Kallakurichi seeking re-conveyance of Suit Property based on the terms
of condition Sale Deed dated October 19, 2011. In both the suits, the
parties and the subject matter properties are one and the same and the
Suit in O.S.No.257 of 2013 is posted for the defendants' side evidence.
In view of the nature of rival contentions/claims, with a view to get a
contested Judgments and Decrees, the Revision Petitioner does-not press
the prayer sought for in the Revision Petition. He further submits that the
Revision Petitioner herein filed a transfer O.P.No.407 of 2025 on the file
of the Principal District Judge, Kallakurichi praying to transfer
O.S.No.347 of 2013 on the file of Principal District Munsif Court,
Kallakurichi to the Sub Court, Kallakurichi for conducting simultaneous
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trial and the same is pending. Further submits that to avoid delay, the
learned counsel prays to Order to withdraw the Suit in O.S.No.347 of
2013 on the file of the Principal District Munsif and transfer the same to
Sub Court, Kallakurichi, in the interest of justice.
5.Mr.Shrish representing Mr.N.Manoharan, learned counsel
appearing for the respondents 2 to 5 expressed no objection for
withdrawal of Suit in O.S.No.347 of 2013 on the file of Principal District
Munsif Court, Kallakurichi and to transfer the same to Sub Court,
Kallakurichi for simultaneous trial.
6.Considering the facts and circumstances of the case, as a Consent
Order, this Court is inclined to Order to withdraw the Suit in O.S.No.347
of 2013 on the file of the Principal District Munsif Court, Kallakurichi
and transfer the same to the file of Sub Court, Kallakurichi. After
receiving the case file, the Sub Court, Kallakurichi shall adjudicate and
decide both the suits simultaneously and shall pronounce Judgment on
one and the same day.
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7.With the above directions, this Civil Revision Petition and
connected civil miscellaneous petition are closed. Considering the facts
and circumstances of the case, there shall be no order as to costs.
12/11/2025
Index : Yes / No
Speaking Order : Yes / No
Neutral Citation : Yes / No
pam
To
1.The Principal District Judge,
Kallakurichi.
2.The Principal District Munsif Court,
Kallakurichi.
3.The Sub Court,
Kallakurichi.
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R. SAKTHIVEL, J.
pam
C.R.P.(PD)NO.4050 OF 2022
12/11/2025
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