Madras High Court
CRP/5082/2026 of Kubendra Reddy Vs V.Kesavamoorthy on 6 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 5082 of 2026
and CMP No. 22207 of 2026
CNR: {HCMA011707472026}
Kubendra Reddy
S/o.Subba Reddy,
Manjalagiri Village,
Kudhumaranapalli Post,
Denkanikottai Tk.,
Krishnagiri Dist.
..Petitioner(s)
Vs
1. V.Kesavamoorthy
2. The District Registrar
Salem Road,
Krishnagiri 635 001.
3. The Deputy Inspector General of Registration Department Salem Region, Salem 636 001.
4. The Inspector of Police
District Crime Branch Police,
District Crime Police Office,
Krishnagiri 635 115.
5. The Superintendent of Police
Krishnagiri 635 115.
6. The District Collector
Collectorate,
Krishnagiri 635 115.
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed by the Principal District Judge, Krishnagiri District dated 27-04-2026 made in TR OP.No.21 of 2025 in OS.No.511 of 2021 and allow the Transfer original petition as prayed for or pass any other orders as may be deem fit and the interest of justice.
For Petitioner(s):
Mr.R.S.Selvam for
Mr.K.Balakrishnan
For Respondent(s):
Mrs.S.Vennila for
M/s. Vennila Law Firm For R1
Mrs. S. Yogalakshmi,
Additional Government Pleader,
for R2 to R6
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 27.04.2026 made in TR OP.No.21 of 2025 in OS.No.511 of 2021 on the file of the Principal District Judge, Krishnagiri District, wherein the application filed by the petitioner/1st defendant to transfer the suit in O.S.No.511 of 2021 pending on the file of the Sub Court, Denkanikottai to the Additional District Judge, Hosur, to try it along with suit in O.S.No.124 of 2019, came to be dismissed.
2. Heard the learned counsel for the petitioners and the learned counsel appearing on behalf of respondents and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.
3. The 1st respondent is the plaintiff who filed the suit in O.S.No.124 of 2019 before the Additional District Judge, Hosur, against the petitioner and five official defendants, seeking for the relief of declaration, permanent injunction and other consequential reliefs. The same plaintiff has filed O.S.No.511 of 2021 against the petitioner/defendant, seeking for the relief of permanent injunction before the Sub Court, Denkanikottai. Considering the fact that the 1st respondent is the plaintiff in both the cases and the petitioner is the 1st defendant/defendant in both the cases, Tr.O.P.No.21 of 2025 was filed by the petitioner/1st defendant before the Principal District Judge, Krishnagiri, seeking to transfer the suit in O.S.No.511 of 2021 to the file of the Additional District Judge, Hosur, to be tried along with O.S.No.124 of 2019. This petition came to be dismissed by the Court below on the ground that the nature of reliefs sought for in both the cases was different and that the suit filed in O.S.No.511 of 2011 is in advance stage. Aggrieved by the said order, the present Civil Revision Petition has been filed before this Court.
4. In the considered view of this Court, the legal battle is mainly between the petitioner and the 1st respondent in both the suits. That apart, the property involved is also the same in both the suits. Therefore, it will be fit and proper if the same Court deals with both the suits, failing which there is a chance of multiplicity of proceedings. The suit in O.S.No.511 of 2011 is at the stage of further cross-examination of PW1 and the suit in O.s.No.124 of 2019 is at the stage of commencement of evidence on the side of the plaintiff.
5. The order passed by the Court below suffers from perversity, since the Court did not take into consideration the fact that the same parties were finding over the same property and that there is chance of two divergent views being taken by two different Courts. Hence, the order passed in Tr.O.P.No.21 of 2025 dated 27.04.2026, is hereby set aside. There shall be a direction to transfer the suit in O.S.No.511 of 2021, pending on the file of the Sub Court, Denkanikottai, to the file of the Additional District Judge, Hosur and it is left open to the Additional District Judge, Hosur, to take a decision as to whether this suit is going to be jointly tried along with O.S.No.124 of 2019 or a simultaneous trial is going to be conducted in both the suits. The transfer of the original records shall take place, within a period of four weeks from the date of receipt of copy of this order. The Court below viz., the Additional District Judge, Hosur, is directed to dispose of both the suits, within a period of one year from the date of the next hearing of the suit.
6. In the result, this Civil Revision Petition stands allowed in the above terms. No Costs. Consequently, the connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR
To
1. The Principal District Judge, Krishnagiri District.
2. The District Registrar Salem Road, Krishnagiri 635 001.
3. The Deputy Inspector General of Registration Department Salem Region, Salem 636 001.
4. The Inspector of Police District Crime Branch Police, District Crime Police Office, Krishnagiri 635 115.
5. The Superintendent of Police Krishnagiri 635 115.
6. The District Collector Collectorate, Krishnagiri 635 115.
N.ANAND VENKATESH, J. SSR CRP No. 5082 of 2026 06-10-2026