JOTHI Vs. EVANGELICAL CHURCH OF INDIA

JUDGEMENT

(1.) AGGRIEVED over the order of the learned 11th Assistant Judge, City Civil Court, Madras allowing the application for joint trial filed by the respondents herein, the revision petitioner herein has filed this petition.

(2.) AS could be seen from the available materials and the submissions made by the learned counsel for either side, a suit was filed by the petitioners herein before the said Court under Section 6 of the Specific Relief Act in OS No.6715 of 1997 alleging that they were in possession of the suit immovable property mentioned in the plaint and they were forcibly dispossessed, and hence they have got to be put in possession. It is not in controversy that the respondents herein, who were defendants in that suit, appeared and filed their written statement also. Pending suit, the respondents herein have filed a suit for delivery of possession in OS No.935 of 2002 in respect of the properties mentioned therein. While the matter is thus, the respondents herein filed an application for joint trial of both the suits alleging that the parties are same and the properties in both the suits are also same and in order to avoid the precious time of the court and for appreciation of evidence, both the suits have got to be tried jointly. The revision petitioners herein were given an opportunity to file counter. The lower court, after hearing both sides, has allowed the application and the order of the lower court is being challenged before this Court.