Madras High Court
CRP/6434/2026 of Jagadeesan Vs Pushpavalli@ Pushpa on 8 October 2026
CRP No. 6434 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 6434 of 2026
and CMP No. 27673 of 2026
CNR: {HCMA011935852026}
1. Jagadeesan
S/o. Kaveri Gounder,
Vandhiyur Kaatuvalavil,
Danishpettai Village,
Kadayampatti Vattam,
Omalur Taluk,
Salem
2. Murugesan
S/o. Kaveri Gounder,
Vandhiyur Kaatuvalavil,
Danishpettai Village,
Kadamyampatti Vattam,
Omalur Taluk,
Salem
3. Kamala
W/o. Kaveri Gounder,
Vandhiyur Kaatuvalavil,
Danishpettai Village,
Kadamyampatti Vattam,
Omalur Taluk,
Salem
4. Venkatachalam
S/o. Palaniappa Gounder,
Vandhiyur Kaatuvalavil,
Danishpettai Village,
Kadamyampatti Vattam,
Omalur Taluk,
Salem
Ganesan (Died)
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CRP No. 6434 of 2026
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5. Rajathi
D/o. Palaniappan
Vandhiyur Kaatuvalavil,
Danishpettai Village,
Kadamyampatti Vattam,
Omalur Taluk,
Salem
6. Madeswari
W/o. Late Ganesan,
Vandhiyur Kaatuvalavil,
Danishpettai Village,
Kadamyampatti Vattam,
Omalur Taluk,
Salem
7. Sasikumar
S/o. Late Ganesan,
Vandhiyur Kaatuvalavil,
Danishpettai Village,
Kadamyampatti Vattam,
Omalur Taluk,
Salem
8. Punitha
D/o. Late Ganesan,
Vandhiyur Kaatuvalavil,
Danishpettai Village,
Kadamyampatti Vattam,
Omalur Taluk,
Salem
..Petitioner(s)
Vs
1. Pushpavalli@ Pushpa
W/o. Late Vedanayagam Pillai,
No.48, Sankaragiri main Road,
Chitaarampalayam Post,
Tiruchengode Town,Namakkal
2. Amudhavalli
W/o. Govindan,
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CRP No. 6434 of 2026
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No.3/364, Iyer Lane,
Sornapuri 2nd Gate,
Salem
Lakshmi (died)
3. Ramesh
S/o. Late Vedanayagam,
Ladduvadi Village,
Namakkal
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to Set aside the order in I.A.No.6/2025 in O.S.No.99/2017 on the file of III Additional District and Sessions Judge, Salem dated 08.06.2026.
For Petitioner(s):
Mr.G.Suraya Narayanan
For Respondent(s):
Mr.T S Vijaya Raghavan Caveator for R1
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 08.06.2026 made in I.A.No.6/2025 in O.S.No.99/2017 on the file of III Additional District and Sessions Judge, Salem, wherein the application filed by the petitioners/defendants under Section 10 of C.P.C., seeking to stay the proceedings in O.S.No.99 of 2017 till the disposal of O.S.No.87 of 2011 on the file of the District Munsif Court, Omalur, came to be rejected by the Court below.
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CRP No. 6434 of 2026 __________
2. Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of the 1st respondent and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.
3. The respondents are the plaintiffs who filed the suit in O.S.No.99 of 2017 seeking for the relief of declaration and possession and for other consequential reliefs. There is yet another suit, namely, O.S.No.87 of 2011 filed by the 1st petitioner herein against three other persons, seeking for the relief of declaration of title and permanent injunction. The subject matter of suit property in O.S.No.87 of 2011 is the same as that in O.S.No.99 of 2017. In the former suit, the extent of property is about 5 acres, whereas the extent of property in O.S.No.99 of 2017 is 18.02 acres. Under these circumstances, the petitioners/defendants filed IA No.6 of 2025 under Section 10 of C.P.C., seeking a stay of the proceedings in O.S.No.99 of 2017.
4. The Court below dismissed the said application on the ground that the parties against whom the 1st petitioner herein had filed the suit were different and the extent of property was also different and therefore, the Court below held that there was no question of staying the suit in O.S.No.99 of 2017. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.
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5. In the considered view of this Court, the suit filed by the 1st petitioner is pending from the year 2011, whereas the present suit is pending from the year 2017. Even though the extent of property is different, the fact remains that the same property is involved in both the suits and that the 1st petitioner is a party in both the suits. Therefore, in order to avoid any contradictory judgments being passed by two Courts and leading to multiplicity of proceedings, instead of interfering with the order passed by the Court below, this Court can exercise its jurisdiction and transfer the suit pending in O.S.No.87 of 2011 from the file of the District Munsif Court, Omalur to the file of the III Additional District and Sessions Judge, Salem, to conduct simultaneous trial so that both the case can be disposed of by the same Court in order to avoid contradictory judgments.
6. In the light of the above discussion, the suit in O.S.No.87 of 2011 is withdrawn from the file of the District Munsif Court, Omalur and transferred to the file of the III Additional District and Sessions Judge, Salem. The III Additional District and Sessions Judge, Salem, is directed to try the suit in O.S.No.99 of 2017 simultaneously along with the suit filed in O.S.No.87 of 2011. Both the suits shall be disposed of by the III Additional District and Sessions Judge, Salem, on its own merits and in accordance with law, after affording opportunity to all the parties concerned, within a period of three months from the date of receipt of copy of this order.
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7. This Civil Revision Petition is disposed of in the above terms. No Costs. Consequently, the connected miscellaneous petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR
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CRP No. 6434 of 2026 __________
To
1. The III Additional District and Sessions Judge, Salem.
2. The District Munsif Court, Omalur.
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CRP No. 6434 of 2026 __________
N.ANAND VENKATESH, J. SSR CRP No. 6434 of 2026 08-10-2026
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