Dismissed

V.Kuppan v. D.Narasmalu Yadav

Madras HC7 Dec 2022CRP/1520/2019

Case brief

AI extract

What is this about?

The High Court dismissed the Civil Revision Petition regarding the rejection of a joint trial application for two separate suits involving different properties. The Court held that since the plaintiffs and properties differed, separate trials were appropriate, though it directed a speedy disposal of both suits.

What did the court decide?

Civil Revision Petition dismissed; Trial Court directed to dispose of both suits within six months.

V.Kuppan Vs D.Narasmalu Yadav — Partition | Madras HC (2022)

¶1

C.R.P.No.1520 of 2019

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 07.12.2022

¶4

CORAM

¶5

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

¶6

C.R.P.No.1520 of 2019

¶7

V.Kuppan 2. C.Balraj 3. C.Chittibabu

¶8

.. Petitioner

¶9

Vs.

¶10

D.Narasmalu Yadav .. Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decreetal order dated 26.11.2018 made in I.A.No.882 of 2018 in O.S.No.521 of 2015 on the file of Principal District Munsif, Poonamallee and allow this Civil Revision Petition.

¶11

For Petitioner : Ms.M.Rajalakshmi For Sole Respondent : Mr.M.V.Seshachari

¶12

ORDER

¶13

This Civil Revision Petition has been filed as against the order and

¶14

decreetal order dated 26.11.2018 made in I.A.No.882 of 2018 in O.S.No.521 of 2015 on the file of the learned Principal District Munsif, Poonamallee, thereby dismissing the petition seeking joint Trial in O.S.No.269 of 2015 and O.S.No.521 of 2015, on the file of the District Munsif Court, Poonamallee.

¶15

The petitioners are defendants in both the suits filed by the respondent

¶16

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

¶17

Page 1 of 4

¶18

C.R.P.No.1520 of 2019

¶19

and another. According to the petitioners, the plaintiffs in O.S.No.269 of 2015 and O.S.No.521 of 2015 are brothers. They filed two suits separately for permanent injunction. Both the suit properties are ancestral properties of the defendants. They have no title over the properties and even then, they partitioned the suit properties among themselves and filed suits for permanent injunction. Therefore, in order to avoid the multiplicity of proceedings, the joint Trial is very much required in both the suits.

¶20

Admittedly, the plaintiffs in O.S.No.269 of 2015 and O.S.No.521 of 2015 are different parties, though they are brothers. The properties mentioned in the suits are different properties. Therefore, both the suits were filed for permanent injunction and both the suits have to be tried separately and it would not cause any multiplicity proceedings, since the plaintiffs and the properties are different in both the suits.

¶21

Hence, the Court below rightly dismissed the application filed by the petitioners and this Court finds no infirmity or illegality in the order passed by the Court below and this revision is liable to be dismissed. However, the Trial Court is directed to dispose of both the suits in O.S.No.269 of 2015 and O.S.No.521 of 2015, within a period of six months from the date of receipt of a https://www.mhc.tn.gov.in/judis Page 2 of 4

¶22

C.R.P.No.1520 of 2019

¶23

copy of this order, if not already disposed of.

¶24

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

¶25

07.12.2022

¶26

Speaking/Non-speaking order Index : Yes/No Internet : Yes/No mn

¶27

G.K.ILANTHIRAIYAN,J.

¶28

https://www.mhc.tn.gov.in/judis Page 3 of 4

¶29

C.R.P.No.1520 of 2019

¶30

¶31

¶32

The Principal District Munsif Court, Poonamallee.

¶33

The District Munsif Court, Poonamallee.

¶34

C.R.P.No.1520 of 2019

¶35

07.12.2022

¶36

https://www.mhc.tn.gov.in/judis Page 4 of 4

V.Kuppan v. D.Narasmalu Yadav

Case brief

What is this about?

What did the court decide?

V.Kuppan v. D.Narasmalu Yadav

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

V. Rajendran Vs Mrs. Gudaru Prasanthi

P. Ravikanth Vs T. Shannapan (Since Deceased)

K.V. Mohankumar Vs v. Sundaramoorthy

Kalaimagal Sabha Rep. by Its Vs Dominic Savio

Subash Jain Vs P.Kathiravan

E. Manoharan Vs Rajeswari