Madras High Court
CRP/6532/2026 of V. Thiruselvan Vs Palanisamy on 12 October 2026
CRP No. 6532 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6532 of 2026
and CMP No.28162 of 2026
CNR:{HCMA012356442026}
1. V. Thiruselvan
2. T Naveen Kumar @ Naveen
3. Thangavel
Petitioner(s)
Vs
1. Palanisamy
2.A.M.Farook
3.S.Kamalalthal
Respondent(s)
PRAYER
Petition filed under Section 115 of Cr.PC., to set-aside the fair and final order passed in I.A.No.6/2026 in O.S.NO.1189/2024 on the file of the learned IV Additional District Judge, Coimbatore dated 24-08-2026.
For Petitioner(s):
Mr.B.Singaravelu
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution against the fair and final order passed in I.A.No.6/2026 in
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CRP No. 6532 of 2026 O.S.No.1189/2024 dated 24-08-2026, on the file of the learned IV Additional District Judge, Coimbatore ,wherein the application filed by the petitioners/defendants under Order VII Rule 11 of CPC, dismissed by the Court below.
2. Heard the learned counsel for the petitioners and carefully perused the materials available on record. This Court also went through the order passed by the Court below.
3. The respondents/plaintiffs filed the suit in OS.No.1189/2024, seeking for the relief of declaration to declare the registered Will dated 07.12.2017 as null and void and not binding on the plaintiffs and for permanent injunction. The petitioners who are the defendants filed an application under Order VII Rule 11 of CPC, for rejection of plaint on the ground that as per the Will, the 3rd plaintiff was given life estate and the vested remainder was given in favour of the 1st and 2nd defendants. While so, the 3rd plaintiff proceeded to deal with the property and it was alienated and aggrieved by the same, the petitioners filed OS.No.132 of 2024, on the file of the District Munsif Court, Sulur, seeking for the relief of declaration and permanent injunction. Hence, it is contended that there is no cause of action for filing the present suit.
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CRP No. 6532 of 2026
4. The Court below has dismissed the application mainly on the ground that the right of the petitioners over the suit property is based on the Will and the Will has to be proved before the Court. Hence, the matter requires recording of evidence and the plaint cannot be rejected without going deeper into the facts of the case. Aggrieved by the said order, the present CRP has been filed before this Court.
5. It is brought to the notice of this Court that the suit in OS.No.1189 of 2024, was directed to be disposed of by this Court within a period of two months by order dated 11.2.2026, in CRP.No.3013 of 2026. Subsequently, based on the request made by the Principal District Court, Coimbatore, the period has been extended by four months on 19.08.2026. Apart from the same, for the very same suit property, the petitioners have filed the earlier suit in OS.No.132 of 2024 seeking for the relief of declaration and injunction and another suit in OS.No.34 of 2026, before the District Munsif, Sulur and both the suits are pending before the same Court. If the suits filed by the petitioners pending before the District Munsif, Sulur, is independently contested, there will be multiplicity of proceedings and a chance of contradicting judgements being passed. Therefore, all the three suits must be tried by the same Court since it involves the same property and the right is claimed under the Will which is the source of right for all the subsequent transactions that have taken place in this case.
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CRP No. 6532 of 2026
6. In the light of the above discussion, leave is granted to the petitioners to move the Principal District Court, Coimbatore, to tag all the three suits so that they may be tried before the same Court jointly or simultaneously since the property involved is the same and the source of right is common in all the three suits and the parties involved are also the same interested parties. The Principal District Judge, Coimbatore shall take a decision in this regard within a period of four weeks from the date of receipt of a copy of the order. After the decision is taken, the Principal District Munsif Judge, Coimbatore shall seek for further extension of time fixed in CRP.No.3013 of 2026, by making a requisition before this Court.
7. In the result, this Civil Revision Petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 12-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp
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CRP No. 6532 of 2026 To IV Additional District Judge, Coimbatore.
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CRP No. 6532 of 2026 N.ANAND VENKATESH J. kp CRP No. 6532 of 2026
12-10-2026
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