Petitioner sought transfer of her suit for joint trial with a related suit already at arguments stage, after her impleadment applications were dismissed. The High Court held suits at different stages cannot be jointly tried and found no error in dismissing the transfer application.
Civil Revision Petition dismissed; connected CMPs closed; no costs.
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C.R.P.No.548 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.12.2025
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
C.R.P.No.548 of 2024
and
C.M.P.Nos.2681 & 2682 of 2024
J.Rajeshwari ...Petitioner
/versus/
1.B.R.Manokaran 2.B.M.Thilipkumar 3.B.M.Dineshkumar 4.B.R.Surendiran 5.B.R.Senthilkumar 6.N.Sathiyanarayanan
7.The Sub Registrar Karimangalam, Dharmapuri District.
8.The state of Tamil Nadu Rep. by The District Collector, Dharmapuri District. ...Respondents
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C.R.P.No.548 of 2024 Prayer: Civil Revision Petition is filed under Section 227 of the Constitution of India, pleased to set aside the order dated 08.12.2023 made in Tr.O.P.No.3 of 2022 on the file of the Ld. Principal District Court, Dharmapuri.
For Petitioner : Mr.N.Manoharan For R4 : Mrs.P.Sividhya (Caveator) For R7 & R8 : Mr.C.Sathish Government Advocate
ORDER
This Civil Revision Petition is filed challenging the order passed by the
learned Principal District Judge, Dharmapuri, dismissing the application filed by
the petitioner seeking transfer of suit in O.S.No.52 of 2023 pending on the file of the District Munsif Court, Karimangalam, filed by the fourth respondent against
the respondents 1 to 3, 5 and 6, seeking joint trial along with O.S.No.97 of 2021,
on the file of the Principal District Court, Dharmapuri, filed by the petitioner.
2. The petitioner herein filed a suit in O.S.No.97 of 2021 on the file of
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C.R.P.No.548 of 2024 the Principal District Court, Dharmapuri against the respondents 1 to 5 seeking a
declaration and permanent injunction. The 4th respondent filed a suit in O.S.No.153
of 2015, on the file of the District Munsif Court, Palacode against the respondents 1 to 3, 5 & 6 seeking a declaration that the sale deed dated 11.11.2005 executed by the respondents 1 to 3 in favour of the 6th respondent is null and void. The said suit
was subsequently transferred and renumbered as O.S.No.52 of 2023. The suit in O.S.No.52 of 2023 attained arguments stage.
3. The petitioner herein, claiming that she has purchased the property
from the vendor, the 6th respondent, filed instant transfer application seeking
transfer of her suit for a joint trial along with the suit filed by the 4th respondent,
mainly on the ground that the subject matter of the suits is one and the same.
4. From the typed set and the impugned order, it is seen that the
petitioner, on the strength of a sale agreement entered into with the 6th respondent, 3/8
C.R.P.No.548 of 2024 filed an application to implead herself in the suit filed by the 4th respondent and the
same was dismissed. Challenging the same, the petitioner filed a revision before
this Court in C.R.P.No.1734 of 2016, which was dismissed as “not pressed” as recorded in the order passed in the said revision. Thereafter, the petitioner has filed yet another application in I.A.No.168 of 2020 for impleading herself before the trial Court and the same was also dismissed. Aggrieved by the same, the petitioner preferred C.R.P.No.893 2021 and the same was dismissed on 23.04.2021 with an observation that the petitioner being a speculative purchaser, who purchased the suit property during pendency of the suit, would not get any better right than her vendor.
5. Taking into consideration that the suit in O.S.No.52 of 2023 was at an
advanced stage of arguments, the parties were directed to advance their arguments
at the time of dismissal of C.R.P.No.893 of 2021. Thereafter, the petitioner filed the
instant application seeking transfer of O.S.No.97 of 2021, for joint trial with
O.S.No.52 of 2023.
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6.
C.R.P.No.548 of 2024
respondent is in advanced stage of arguments and the suit filed by the petitioner in O.S.No. 97 of 2021 is in the stage of service of summons/filing of written statements. In such circumstances, a joint trial of both suits cannot be granted. Taking into consideration the dismissal of the implead application filed by the petitioner and also the fact both the suits are in different stage, the learned District judge has rightly dismissed the transfer application.
7. This Court finds no error in the order passed by the learned District
Judge. Accordingly, this Civil Revision Petition is dismissed. Consequently, the
connected Civil Miscellaneous Petition is closed. No costs.
02.12.2025
Index : Yes/No Internet : Yes/No rpl
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C.R.P.No.548 of 2024
To
The Principal District Court, Dharmapuri.
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C.R.P.No.548 of 2024
S.SOUNTHAR,J.
rpl
C.R.P.No.548 of 2024
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C.R.P.No.548 of 2024
02.12.2025
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1 issue framed by the court
Whether the District Judge rightly refused to transfer O.S.No.97 of 2021 for joint trial with O.S.No.52 of 2023 when the suits were at different stages.
1 provisions across 1 enactments
J.Rajeshwari
B.R.Manokaran
B.M.Thilipkumar
B.M.Dineshkumar
B.R.Surendiran
B.R.Senthilkumar
S.Sounthar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
