P.R. RADHAKRISHNAN Vs. P. MUTHUMUNIYANDI AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order passed by the learned Principal District Munsif, Manamadurai in I.A.No.13 of 2018 in O.S.No.31 of 2016 dated 09.02.2018.

(2.) The facts of the case are that the petitioner herein, as plaintiff, has filed a suit in O.S.No.31 of 2016, for the relief of Declaration that the Inam Settlement Deed dated 05.02.2015 executed by the 1st defendant in favour of the defendants 2 and 3 as null and void. The above suit was posted in the special list and the petitioner has filed an interlocutory application in I.A.No. 13 of 2018 seeking to remove the suit from the list of special cases. The said interlocutory application came to be dismissed and against the same, the present civil revision petition came to be filed.

(3.) The learned Counsel for the petitioner would submit that the petitioner has already filed another suit in O.S.No.128 of 2014 before Additional District Munsif Court, Manamadurai, seeking the relief of permanent injunction and the parties in both the suits are one and the same. The said suit in O.S.No.128 of 2014 was dismissed for default on 15.09.2016 and the petitioner is taking steps to restore the same. The petitioner seeks transfer of the suit in O.S.No.128 of 2014, after restoration, from the Additional District Munsif Court, Manamadurai to Principal District Munsif, Manamadurai, where the present suit in O.S.No.31 of 2016 is pending, so as to try both the suits together. For that purpose, he has filed the present interlocutory application to remove the suit in O.S.No.31 of 2016 from the list of special cases. But, the lower Court has erroneously dismissed the said petition and he seeks interference on the same.