LAWS(MAD)-2010-4-687

GOVINDAMMAL Vs. LAKSHMI AMMAL

Decided On April 28, 2010
RANGANATHAN Appellant
V/S
LAKSHMI AMMAL Respondents

JUDGEMENT

(1.) The learned counsel appearing on behalf of the petitioners in the above Civil Revision Petitions had submitted that the parties to the suits and the properties, which are the subject matter of the suits, are the same. Further, the result of all the suits would depend upon the validity of the Will executed by Perumal Chettiar, the husband of Ammayi Ammal, on 26.2.2001.

(2.) It has also been stated that the subsequent settlement and the other documents by Ammayi Ammal would stand or fall, as per the validity of the Will executed by Perumal Chettiar. The cause of action, the parties and the properties are intertwined and interdependent on one anther. Therefore, in order to avoid conflicting decisions and for the reason that it would help the Court concerned to arrive at a just decision, it would be appropriate if all the suits are tried before the same Court.

(3.) In the counter affidavit filed on behalf of the respondents, it has been stated that the first respondent, namely, Lakshmi Ammal had filed the suit, in O.S.No.13 of 2008, on the file of the District Court, Villupuram, for partition and for separate possession of the suit properties, which are located throughout the district of villupuram and a few of the properties are situated at Cuddalore District. Since, the District court is having the territorial and pecuniary jurisdiction, the suit, in O.S.No.13 of 2008, had been filed before the District Court, Villupuram.